BHUTAN SHAW Vs. TARUBALA ROY

JUDGEMENT

(1.) This is an appeal by the defendant from the judgment and decree of the learned District Judge, Hooghly reversing the decision of the learned Munsif 1st Court, Serampore and it arises out of a suit for eviction of the defendant from one room in plot No. 153 of village Kashibati within Mouza Uttarpara, P. S. Uttarpara in the District of Hooghly after service of a notice of ejectment

(2.) The plaintiff's case is that the defendant was a tenant under the plaintiff in the suit premises at a rent of Rs. 32/- per month payable according to English calendar month and that as the plaintiff requires the disputed room for her own use and occupation, she served a notice of ejectment on the defendant dated 28-12-1973 by registered post on 31-12-1973 terminating the tenancy and calling upon the defendant to vacate the suit premises on the expiry of the month of January, 1974.

(3.) The defendant contested the suit by filing written statement denying the validity and sufficiency of the notice of ejectment and the alleged requirement of the plaintiff for the suit premises and also pleading that the suit premises are not outside the municipal are and so the defendant's tenancy is governed not by the Transfer of Property Act but by the West Bengal Premises Tenancy Act, 1956.