SUKUMAR GUHA Vs. NARESH CHANDRA GHOSH

JUDGEMENT

(1.) This second appeal is by the tenant - defendant and arises out of a suit for ejectment from the premises in which the defendant is a tenant. Eviction was prayed for by the plaintiffs on the ground of reasonable requirement both for their own use and occupation and also for purposes of building and rebuilding including substantial additions and alterations under Section 13 (1) (f) of the West Bengal Premises Tenancy Act, 1956. The suit was instituted by the two plaintiffs, the two brothers, who are the owners of the premises. The sole defendant contested the suit not only on the merits but also by contending that the notice terminating the tenancy had not been properly served. Both the courts have held in favour of the plaintiffs and a decree for eviction has been passed against the defendant. Against the judgment and decree passed in the appellate court the present second appeal has been preferred by the defendant.

(2.) The suit premises No. 28/10C Nakuleswar Bhattacharjee Lane is contiguous to and situate within the same boundary wall which includes two other premises bearing Nos. 28/10-A and 28/10-B Nakuleswar Bhattacharjee Lane. The plaintiffs are the owners of all the three premises. The ground floor of Premises No. 28/10-A Nakuleswar Bhattacharjee Lane is occupied by a tenant. The first floor of that premises and also both the ground and first floors of Premises No. 28/10B are occupied by the plaintiffs and their relations who are members of their family. The premises No. 28/10C which is the suit premises is also two-storied and whole of that premises is within the tenancy of the defendant.

(3.) It may be mentioned that the plaintiffs made a case that the notice terminating the tenancy under Section 106 of the T. P. Act was first sent by their lawyer, Mr. D. N. Lahiri by registered post to an address at Kanpur where the defendant resides for the purpose of his business. The Postal Registration receipt, Ext. 9, showed that a registered cover was sent from Calcutta on 5th of November, 1962. The registered cover, Ext. 7 was returned to the sender with the endorsement to the effect "not found". That cover was addressed to "Sukumar Guha, 111A/218, Asoknagar, Kanpur (U. P.)". The defendant Sukumar Guha who deposed as D. W. 1 stated that his proper address was 111A/318, Asoknagar, Kanpur.