SMT. RENUKA BASAK Vs. SRI BIMAL KUMAR PODDAR

JUDGEMENT

(1.) This First Miscellaneous Appeal is directed against an order of remand passed by the learned Judge 11th Bench, City Civil Court at Calcutta in Title Appeal No. 8 of 2001 on 27th May 2002 reversing the judgment and decree dated 23rd Feb. 2001 passed by the learned Judge 6th Bench, Presidency Small Causes Court at Calcutta in Ejectment Suit No. 208 of 1999.

(2.) The plaintiff in a suit for eviction of a tenant on the ground of default in payment of rent, subletting, violation of Clauses (m), (o) and (p) of Sec. 108 of the Transfer of Property Act and reasonable requirement, has filed the instant appeal challenging the said order of remand.

(3.) The said suit was decreed on contest by the learned trial Judge on satisfaction of all the grounds of eviction, as aforesaid. The learned first appellate Court, however, set aside the said judgment and decree of the learned trial Court by holding, inter alia, that service of ejectment notice under Sec. 13 (6) of the West Bengal Premises Tenancy Act upon the tenant by registered post with acknowledgment due has not been duly proved as the postal peon who served such notice has not been examined and the person who in fact accepted such service on behalf of the tenant, has not been proved.