PANCHKARI HALDAR Vs. PROMODE KISHORE MONDAL

JUDGEMENT

(1.) On July 31, 1948, the Plaintiffs-Respondents obtained a decree for ejectment against the Defendant Appellant who held the disputed land under the Respondents as a monthly tenant for residential purposes and who had his own structures thereon. The decree was passed by the learned First Additional Munsif, Alipore. It was affirmed on appeal by the learned Additional District Judge, 2nd Court, Alipore, on March 18, 1953, and the second appeal therefrom which was filed in this Court on May 1, 1953, was dismissed by Guha Ray, J. on March 5, 1956. He, however, granted leave to the Defendant to appeal under Clause 15 of the Letters Patent and in pursuance of that leave the present appeal was filed on May 18, 1956.

(2.) The suit was a simple suit for arrears of rent and ejectment and mesne profits upon, inter alia, the alleged termination of the Defendant's tenancy by a notice to quit, expiring with the end of Agrahayan, 1353 B.S. The notice was served about the first week of that month. In the plaint, there were two other allegations, to which, reference ought to be made, namely, (i) that the Defendant was a defaulter in the payment of rent and as a matter of fact there was in the plaint a claim for arrears of rent from Pous 1350 B.S, to Agrahayan 1353 B.S. and (ii) that the Plaintiffs landlords required the disputed land for their own use.

(3.) On the concurrent findings of the courts below, the Defendant has, indeed no defence to the Plaintiffs' claim for ejectment unless he can get protection under the Calcutta Thika Tenancy Act. That is not disputed before us and the only question is whether that Act applies to this case and, if so, what is its effect on the rights of the parties before us.