LILABATI DASHI Vs. SHYAMA PADA NATH

JUDGEMENT

(1.) The plaintiff held this appeal against the reversing judgment and decree passed by the Additional District Judge at Alipore in Title Appeal No. 1033 of 1980 remanding the Title suit 39 of 1977 to the 3rd Court of Additional Munsif at Alipore for fresh disposal in accordance with law.

(2.) The appellant Lilabati Dash, who was the plaintiff in the Trial Court filed the suit for ejectment against the respondent and for mesne profits in Title Suit No. 39 of 1977. It is alleged, inter alia, that the tenancy was terminated by a notice dated 29.5.74 through her lawyer Mr. Arjun Sanyal calling upon the defendant/respondent to quit and vacate the premises on the expiry of the month of July, 1974. The notice was sent by registered post with Acknowledgment Due to the defendant's residential address as well as to his office address. The defendant is said to have refused both the registered letters and those were returned with the postal endorsement as 'not claimed' and 'refused' respectively. Similar attempt was also made by the plaintiff for service of the notice but it was refused by the defendant.

(3.) . The defendant, on the other hand, contested the suit by filing a written statement denying all the material allegations of the plaint He challenged the ownership of the suit premises. He had also disputed regarding the service of notice. During the pendency of the suit the defendant appears to have filed an application under section 17(2) of the West Bengal Premises Tenancy Act which was allowed vide order No. 15 dated 16.2.76 by directing him to deposit the rent in the Trial Court by instalment. The defendant having failed to deposit the rent as directed previously, the Trial Court as per its order dated 29th June, 1979 was pleased to strike out the defence of the respondent under section 17(3) of the West Bengal Premises Tenancy Act.