LAWS(CAL)-2009-9-78

SHIBANI BASU Vs. SANDIP ROY

Decided On September 16, 2009
SHIBANI BASU Appellant
V/S
SANDIP ROY Respondents

JUDGEMENT

(1.) THE plaintiff/appellant filed the suit for ejectment on the ground of reasonable requirement and the suit was decreed.

(2.) BEING aggrieved the defendant/tenant preferred First Appeal and the appeal was allowed reversing the judgment of the learned trial Court and against that judgment and decree of the learned First Appellate Court second Appeal 29/06 was filed by the plaintiff/landlord. The Second Appeal was allowed and the judgment and decree of the learned First Appellate court were set aside and the decree of ejectment passed by the learned trial Court in Ejectment Suit No. 2104/2000 stood affirmed.

(3.) BEFORE the learned Second Appellate Court the defendant/tenant relied on agreement of tenancy which was executed on 11. 9. 93 and contended that the tenancy was not according to full English calendar month but it was from 11th day of month and up to the 10th day of next month and the notice of ejectment expired with the last day of calendar month cannot be considered to be a valid notice terminating the tenancy. Learned Second appellate Court did not find the notice of ejectment Invalid and allowed the second Appeal setting aside the judgment and decree passed by the learned first Appellate Court and restoring those of learned trial Court.