SHYAM SUNDAR CHOWDHURY Vs. N C BATABYAL

JUDGEMENT

(1.) This second appeal is directed against the Judgment dated 14.1.97 and decree dated 24.1.97 passed by the learned Second Additional District Judge, Sealdah in Title Appeal No. 68 of 1996 affirming the Judgment dated 31.5.96 and decree dated 17.6.96 passed by the learned Additional Munsif, Sealdah in Title Suit No. 61 of 1979.

(2.) The respondent/landlord instituted the aforesaid suit for eviction of the appellant/tenant on the ground that the appellant/tenant sublet the suit premises without previous consent from the plaintiff/respondent to the sub-tenants. Other grounds taken in the plaint for ejectment of the appellant were that the appellant defaulted in payment of rent and also for plaintiff's bonafide requirements of the suit premises.

(3.) The case in short is that the plaintiff is the owner of the suit premises wherein the defendant was inducted as a tenant on a monthly rent of Rs. 140/-. the appellant was stated to be a habitual defaulter in paying the rents. Furthermore, the appellant needed the suit premises for personal use. Subsequently, by amending the plaint, a new ground was added. The new ground for ejectment is that the appellant/tenant left the suit premises since January, 1975 and that he left the suit premises by subletting the same to some others. On these grounds, the plaintiff served the notice through his lawyer by registered post with A/D and another notice under certificate of posting. Another copy of the notice was hanged on the door of the suit premises. The registered envelope returned without delivery with an endorsement "left". Despite all these, the appellant did not deliver possession of the suit premises to the plaintiff. In these circumstances, the plaintiff brought the aforesaid suit for ejectment of the defendant/appellant.