AMAL DUTTA Vs. ISMAIL GHULAM HUSSAIN ARIFF, RECEIVER

JUDGEMENT

(1.) This appeal is by the Defendant and it arises out of a suit for eviction by the Plaintiff, who is the landlord and under whom, the Defendant was holding the suit premises as a tenant up till the determination or termination of the said tenancy.

(2.) The suit was filed on March 5, 1962. It is, admittedly, governed by the West Bengal Premises Tenancy Act, 1956 and the ground, taken in. the plaint for eviction of the Defendant, was the ground, mentioned in Section 13(1)(k) of the said statute. The said Clause (k) runs in these terms:

(3.) The defence was that this agreement would be insufficient for purposes of the Defendant's eviction under the above statutory provision, Section 13(1)(k) of the West Bengal Premises Tenancy Act, 1956.