RUHI AGARWALLA Vs. SANTOSH AGARWAL

JUDGEMENT

(1.) The present second appeal has been preferred against a judgment of affirmance, whereby both the Courts below granted a decree of eviction against the defendant/appellant on the ground of change of user of the tenanted property.

(2.) Learned counsel for the appellant submits that the Courts below failed to advert to the fact that the service of the notice to quit under Sec. 6(4) of the West Bengal Premises Tenancy Act, 1997 was not properly proved. It is argued that admittedly, the postal service of such notice returned with the endorsement addressee moved , which was erroneously treated to be good service, in the absence of any further proof of service.

(3.) Secondly, it is argued that the plaintiff/respondent, in his individual capacity, was not entitled to maintain the suit for eviction, since the tenancy was initially granted by the Hindu Undivided Family (HUF) of the plaintiff s father.