KATHLEEN MEYER Vs. P K GHOSH

JUDGEMENT

(1.) This appeal arises out of a suit for ejectment. The suit has been dismissed by the trial court and the Plaintiff has come up on appeal.

(2.) The suit was filed on June 19, 1952. It was a simple suit for ejectment on notice to quit and the bar of the Rent Control Act was sought to be avoided by the Plaintiff on the plea of her reasonable requirement of the suit premises for her own occupation and on the further plea of the Defendant's contravention of Clauses (m), (o) and (p) of the Transfer of Property Act, that is, under proviso (h) and also proviso (d) to Sub-section (1) of Section 12 of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950.

(3.) The Plaintiff's material allegations were denied by the Defendant who pleaded inter alia insufficiency and invalidity of the notice to quit and disputed the plain tiff's claim of reasonable requirement for her own occupation and also her averment of contravention on the Defendant's part of any of the above provisions of the Transfer of Property Act.