SHIBNATH BHADRA Vs. MRINALINI GHOSH

JUDGEMENT

(1.) This is a defendant's appeal arising of the judgment and decree passed by the learned Additional District Judge, Seventh Court, Alipore in Title Appeal No. 553 of 1983, reversing those of the learned Munsif, Sealdah passed in Title Suit No. 295 of 1980.

(2.) The plaintiff is the owner of the suit premises as described in the schedule to the plaint and the defendant was a tenant under her in respect thereof at a monthly rental of Rs 150/- payable according to English calendar month.

(3.) The defendant being a defaulter and the plaintiff also having required the suit premises for her own use and occupation as well as for the use and occupation of the other member of her family. She terminated the defendant's tenancy by a notice to quit which was served upon the defendant by registered post on April 20,1980. Beside this she also served another notice upon the defendant under certificate of posting. By the said notice the defendant was directed to quit and vacate the suit premises on the expiry of the month of may, 1980,but the defendant having failed and neglected to quit and vacate the suit premises, the plaintiff filed the instant suit for a decreed for ejectment and khas possession.