SISTER LOUISE Vs. JOTINDRA NATH MONDAL

JUDGEMENT

(1.) Those two analogous appeals have arisen under the following circumstances: -

(2.) The three respondents who arc trusses to the Naik Trust 109, Narkeldanga North Road brought two analogous suite for ejectment after service of notices to quit against appellant Sister Louise from flats Nos. 7 and 8 of premises No. 220 Lower Circular Road en the ground that she was a defaulter. There was also a claim for recovery of arrears of rent and mesne profits in both the suits. The rent of each of the flats was admittedly Rs. 150/- per month.

(3.) The defendant denied that she was a defaulter and pleaded that the notices served upon lier were not vslid and sufficient. The defence against ejectment was struck off in both the suits in consequence of an application filed by the landlords under section 14(4) of the West Bengal Premises Rent Control Act, 1950, but the appellant was permitted to contest the suits on the other ground, viz,, that the notices for ejectment were neither valid nor sufficient. The learned Munsif held that the notices were not valid and sufficient and in that view of the "matter he dismissed the claim of the plaintiffs for ejectment and passed a decree for arrears of rent with proportionate costs.