RADHA DASI BASAK Vs. SANTOSH KUMAR GHOSH

JUDGEMENT

(1.) This is an appeal against the judgment and decree passed by Sri C. Samaddar, Subordinate Judge, 6th Court, Alipore in Title Appeal no. 321 of 1968 dated the 5th August, 1968 reversing those of Sri I. Mondal, Additional Munsif, Sealdah in Title suit no. 145 of 1967 dated 20th January, 1968.

(2.) Defendant is the appellant in this court. Plaintiff brought the suit for ejectment. Plaintiff's case is that the defendant took lease of the suit property from the predecessor-in-interest of the plaintiff, that the defendant has dishonoured the terms of the lease and is liable to ejectment. The defendant has defaulted in payment of rent from Bhadra 1363 B.S. and that the defendant has cut down one cocoanut tree on the land. The defence is that the defendant has not violated the terms of the lease and the notice of ejectment is illegal.

(3.) At the time of the trial the plaintiff gave up the case of sub letting. On the ground of default it was found by the trial court with reference to the Challans that there was no default on the part of the defendant in payment of rent. The trial court found that by cutting down of a cocoanut tree it couldn't be said that the land was used objectionably and was damaged. That being so, it was no violation of the terms of the lease. The trial court also found that the notice was invalid. Being aggrieved, the plaintiff preferred an appeal before the District Judge. the appeal was heard by the learned Additional District Judge. Before the learned court of appeal below, the plaintiff only challenged the finding of the learned Munsif that the cutting of the standing cocoanut tree does not constitute damage to the leased property. The finding of the learned Munsif to the effect that the notice was invalid was also challenged.