LALITA PATTREA Vs. RAMAN I KANTA DAS

JUDGEMENT

(1.) THIS is an appeal by the defendant from an appellate decree and it arises out of a suit for ejectment.

(2.) THE plaintiff's case was that the defendant was a -monthly tenant under him in a one roomed flat in the second floor of premises No. P-49, Block 'b', Lake Town, Calcutta at a rent of Rs. 175|- plus Rs. 25|- electric charge3 per month payable according to English Calendar from October 1977 and that during the continuance of the tenancy the defendant agreed in writing on ' 24. 8. 1979 to deliver vacant possession of the suit premises on or before 30. 9. 1980 but failed to do so.

(3.) THE defendant in her written statement contended that the alleged agreement was vitiated by fraud: undue influence and coercion and that the alleged agreement does not come within the purview of the ground of eviction mentioned in Section 13 (1) (k) of the west Bengal Premises Tenancy Act, 1956 (hereinafter called the Act ).