NANDA RANI NATH Vs. BROJO MOHAN KUNDU

JUDGEMENT

(1.) This is an appeal, against an order of remand preferred by the plaintiff and it arises out of Title Suit No. 141 of 1978 of the Second Court of the learned, Munsif at Arambagh.

(2.) On 21st Bhadra 1369 B.S. corresponding to Sept. 7, 1962 one Radhika Prasad Nath (since deceased), husband of the plaintiff granted lease of the suit premises in favour of defendant-respondent for a period of 15 years from 1st of Aswin 1369 B.S. till the last day of Bhadra 1384 B.S. The lease was for business purpose and the monthly rent was Rs.76/-. Radhika Prosad by a deed of settlement gave away the suit property to the plaintiff for her life. The lease was to expire on the expiry of Bhadra 1384 B.S. and the plaintiff by a notice dt. Aug. 10, 1977 called upon the defendant to quit and vacate the suit premises on the expiry of the term of the lease and to deliver peaceful possession thereof to the plaintiff. Such possession not having been delivered, the plaintiff instituted the aforesaid suit for recovery of possession.

(3.) The defendant contested the suit by filing a written statement. He denied the material allegations made by the plaintiff and further disputed the plaintiffs right to demand delivery of possession or issue the notice D-Aug. 10, 1977 as issued by her. According to the defendant, he had been running a business in the suit premises and since he could not oblige the plaintiff by conceding the demand for an abnormal increase of the rent payable by him, the plaintiff had brought this false suit on false allegations.