HARE KRISHNA DAS Vs. HAHNEMANN PUBLISHING CO LTD

JUDGEMENT

(1.) This appeal is by the defendant and it arises out of a suit for ejectment in respect of Room No.8, ground floor, of Premises No. 129/1, Bowbazar Street. The contractual rent was Rs. 61.87 nP. per month, payable according to the English calendar month. (Para 1)

(2.) The defendant's above tenancy was purported to be terminated by a notice, dated July 26, 1957, expiring with the expiry of the month of August, 1959. The notice was attempted to be served by registered post but it came back with an endorsement "left". It was also attempted to be served in the disputed premises and, according to the return of the person, who attempted this service, it appears to have been offered to an alleged officer of the defendant and he not having agreed to sign the receipt, it was served by affixation or hanging in the above premises. This was done on July27, 1959, and the present suit was brought on September 19, 1959, the allegation in the plaint being that the defendant, having been a defaulter in the payment of rent for much more than the requisite four months, was not entitled to any protection under the relevant rent control law (the West Bengal Premises Tenancy Act, 1956). The default alleged was, in particular, with respect to the period since 1957.

(3.) The present suit was preceded by another suit for ejectment against the same tenant on the ground of reasonable requirement. That suit was decreed initially by the learned trial Judge on December 23, 1957, but, eventually, on appeal, it was dismissed on May 20, 1959, and, thereafter, as it appears, the above steps were taken for terminating the defendant's tenancy and institution of the present suit on the ground of default, as alleged therein.