NANDA DULAL NANDAN Vs. KANAI LAL BASAK

JUDGEMENT

(1.) THE present Second Appeal is directed against a Judgment of affirmance.

(2.) THE suit was one for the eviction of the appellant on the ground of default for the months of August, 1977 to November, 1977. In terms of an agreement between the landlord and the tenant, the rent at the rate of Rs. 80/- (Rupees eighty only) per month was payable within the 7th day of the month following the one for which the rent becomes due. In an earlier suit for eviction the defendant was already granted relief against eviction in terms of the provisions of Section 17 (f) of the West bengal Premises Tenancy Act. The instant suit had been decreed with a finding that the defendant was a defaulter for more than four successive months from October, 1977 for the second time. . The defendant/appellant filed an application under Section 17 (2) (A) (B) which had not been disposed of by the learned munsif.

(3.) THE courts below have concurrently found that the notice to quit had been properly served: that the rent was payable within the 7th of the month following one for which the rent fell" due that the tenant-appellant was a defaulter for more than 4 (four) successive months from october, 1977 onwards.