AMIYA KUMAR CHAKRABORTY Vs. SATYENDRA KUMAR ROY CHOWDHURY

JUDGEMENT

(1.) THIS is an appeal by the defendant from an appellate decree of reversal and it arises out of a suit for ejectment on the grounds of default in payment of rent at Rs. 50/- per month according to English Calendar month from June, 1970 and reasonable requirement of the suit premises for the plaintiff's own use and occupation as owner after service of a notice under Section 13(6) of the West Bengal Premises Tenancy Act, (hereinafter called the Act) requiring the defendant to vacate the suit premises on the expiry of November, 1970. The suit was instituted on 16.2.1971.

(2.) BOTH the courts below have concurrently found that a valid notice under Section 13(6) of the Act had been served on the defendant on behalf of the plaintiff prior to the institution of the suit and that the plaintiff has failed to prove reasonable requirement of the suit premises for his own occupation. The letter finding has not been challenged on behalf of the plaintiff-respondent before this Court.

(3.) THE learned Munsif after hearing the suit on evidence dismissed it as according to him the defendant not being a defaulter for four consecutive months no decree for eviction could be passed. The suit was dismissed on 15.12.1973.