SELIM Vs. ABDUL RAZZAK

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 10th September, 2003 passed by learned Civil Judge (Senior Division), 9th Court, Alipore in Title Appeal No. 161 of 2001, reversing the judgment and decree dated 16th March, 2001 passed by learned Civil Judge (Junior Division), 1st Court, Alipore in Title Suit No. 87 of 1983, dismissing the suit. Appellant's/defendant's/tenant's case, in short, is that he never committed any default in the payment of rent as against a contention of respondent/plaintiff/landlord describing the appellant to be defaulter from December, 1978 to June, 1982.

(2.) Respondent/plaintiff/landlord instituted a suit for eviction after serving notice of eviction upon appellant/tenant on 10.05.1982, alleging appellant/tenant to have committed default in payment of rent since December, 1978, and did some addition and alteration in the tenanted premises without consent of the landlord making contravention of Clauses (m),(o),(p) of Section 108 of T.P. Act. During the course of trial, the plea petaining to violation of (m),(o),(p) of Section 108 of T.P. Act could not be pressed by the respondent/plaintiff/landlord, and ultimately the trial of the suit was ended on the sole ground of default, as envisaged in Section 13 (1) (i) of West Bengal Premises Act, 1956.

(3.) The appellant/defendant/tenant contested the suit by filing a written statement, denying all material allegations leveled against him, and contending inter alia therein that tenant never committed any default in the payment of rent, as alleged, and further the tenant did not do anything contray to the provision of Section 13(1)(b) of P.T. Act revealing violation of Clauses under (m),(o),(p) of Section 108 of T.P. Act. The appellant/tenant also denied to have received any notice of eviction in his wtitten statement. Upon taking such grounds, appellant/defendant/tenant sought for dismissal of the suit.