MUNNI DEVI Vs. PUSPALATA MONDAL

JUDGEMENT

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

(2.) THE suit was instituted on april 1, 1964. It is, admittedly, governed by the West Bengal Premises Tenancy Act, 1956, and the ground, taken under that Act, was unlawful sub-letting by the tenant without the consent in writing of the landlord.

(3.) THE suit has been decreed by the learned trial Judge upon a finding that there has been such unlawful subletting and, upon the further finding that there was due service on the defendant of a valid notice of ejectment under sec. 106 of the Transfer of property Act and section 13 (6) of the West Bengal Premises Tenancy Act, 1956. The tenant defendant has now conic up on appeal. In support of this appeal, three points have been urged by Mr. Ghosh, who appears for the appellant.