THAKUR CHANDRA NANDI Vs. ARUN KUMAR ROY CHOWDHURY

JUDGEMENT

(1.) The plaintiff's suit for ejectment being Title Suit No. 163 of 1977 of the learned Third Court of the Munsif at Sealdah having been dismissed, he moved up in appeal and the appeal being Title Appeal No. 71 of 1981 of the learned 9th Court of the Additional District Judge at Alipore, having been proved to be abortive, he has come up in second appeal before this Court.

(2.) The facts are as follows : The defendant respondent is a tenant under the plaintiff in respect of the suit premises as described in the schedule to the plaint at a monthly rental of Rs.115/- payable according to the English Calendar month. As the plaintiff required the suit premises for his own use and occupation, he terminated the defendant's tenancy by a notice to quit dated Jan. 8, 1977 and the defendant was asked to quit and vacate the suit premises on the expiry of the month of Feb. 1977.

(3.) But in spite of the notice having been duly served upon him, the defendant failed and neglected to quit and vacate the suit premises, consequent to which the plaintiff filed the instant suit for ejectment and khas possession as well as for mesne profits.