GANESH CHANDRA NANDI Vs. J.N. CHATTERJEE BROS

JUDGEMENT

(1.) This appeal is by the Defendant and it arises out of a suit for ejectment, which was instituted on September 16, 1960.

(2.) The suit is admittedly governed by the West Bengal Premises Tenancy Act, 1956. The notice of ejectment is dated June 10, 1960, terminating and purporting to terminate the Defendant's tenancy with the expiry of July 1960. The notice appears to have been sent by registered post and after several endorsements, it was eventually returned with the endorsement "not claimed". The ground, taken for ejectment under the above West Bengal Premises Tenancy Act, 1956, was the ground of default in payment of rent and the Plaintiff's allegation was that the Defendant was guilty of more than four defaults since January 1960.

(3.) The suit was contested by the Defendant and his defences were: (i) there was no relationship of landlord and tenant between the parties; (ii) that the suit was not maintainable; (iii) that the Defendant was not a defaulter, as alleged by the Plaintiff; and (iv) that the notice of ejectment was invalid and insufficient and it was not also duly or properly served.