SUSANTA KUMAR BANERJEE Vs. LAKSHMAN SHOW

JUDGEMENT

(1.) This second appeal has been preferred challenging the judgment and decree dated 15th June, 1999 and 29th June, 1990 respectively as passed in Title Appeal No. 125 of 1985 by the learned Asstt. District Judge 24-Pgns. (S), Alipore, reversing the judgment and decree dated 15th June, 1989 and 22nd June, 1989 respectively as passed by the learned Munsif, 1st Court, Sealdah in connection with the Title Suit No. 425 of 1978.

(2.) This appeal arises out of suit for eviction, the arrear of rent and for mesne profits. The case as has been made out in the plaint is inter alia as follows :-

(3.) The defendant was a monthly tenant under the plaintiffs Susanta Kumar Banerjee and Sunil Kumar Banerjee in respect of the suit premises at monthly rental of Rs. 20/- payable according to English calendar month. The plaintiffs alleged in the plaint that the defendant was a habitual defaulter in respect of payment of rent and thereby he failed to pay rent from October, 1976. The plaintiffs required the suit premises for their own use and occupation of the plaintiffs for the extension of their business. The tenancy of the defendant was determined by the plaintiffs by sending Lawyer's notice to quit on 21.5.78 on the expiry of the last day of June, 1978. The notice was sent to the defendant by registered post but that returned to the plaintiffs with postal mark "Refused". The defendant did not vacate the suit premises after 1st July, 1978 and he remained, according to the plaintiffs as a trespasser and as such the plaintiffs claimed mesne profits @ Re. 1/- per Diem. The plaintiffs claimed Rs. 420/- from the defendant as arrear rent from October 1976 to June 1978.