MUKUNDALAL DUTTA Vs. RANJIT KUMAR SINHA

JUDGEMENT

(1.) This is an appeal from an appellate decree. The appeal arises out of Title Suit No. 106 of 1975 of the 3rd Court of the learned Munsif at Howrah, which having been dismissed by the learned trial court, the plaintiff moved up in appeal and the learned lower appellate court being the 2nd Court of the learned Additional District Judge allowed the appeal, being Title Appeal No. 183 of 1978 and decreed the suit in plaintiff's favour.

(2.) The plaintiff brought the suit for ejectment of the defendant from the suit premises, as described in the schedule to the plaint on the ground of default in payment of rent since July, 1974 at the rate of Rs. 120.00 per month according to the English calendar.

(3.) The tenancy of the defendant having been duly terminated by a notice to quit dated March 6. 1975. the plaintiff filed the instant suit for recovery of khas possession in respect of the premises in suit and for damages, since the defendant in spite of the notice refused to quit and vacate the suit premises.