BHAGAT SINGH UBEROI Vs. SMT. PAN BAI

JUDGEMENT

(1.) This is an appeal against the judgment and decree passed by Sri A. K. Nayak, Additional District Judge, 4th Court, Alipore, dated June 24, 1970 in Title Appeal No. 573 of 1969 affirming those of T. P. Chatterjee, Munsif, 1st Additional Court, Alipore, passed on Feb. 27, 1969 in Title Suit No. 20 of 1968.

(2.) The facts of the case may briefly stated as follows:-

(3.) The case of the defendant is that he is not a defaulter, that on refusal by the landlord to accept rents, the rents were deposited with the Rent Controller. After appearance in court, the defendant has deposited all arrears of rent in court within time. In the additional written statement the defendant asserts that it is false to say that the suit premises was let out to the defendant for female residence only. The defendant was not using the premises for purpose other than that for which it was leased. The learned Munsif found that the defendant was a defaulter and he also found that the defendant violated the terms of tenancy and used the premises for purpose other than that for which it was let out. The defendant preferred an appeal before the learned District Judge, but the learned Additional District Judge, who heard the appeal affirmed the finding of the learned Munsif that the defendant has violated the terms of the tenancy, but the finding of the learned Munsif that the defendant was a defaulter was set aside. Being aggrieved, the defendant has come up to this Court.