JAGMOHAN SHAW Vs. BEPIN BEHARI SADHUKHAN

JUDGEMENT

(1.) THESE two appeals are by the tenants-defendants and they arise out of two suits for eviction, instituted by the plaintiff respondent, as landlord, on the ground of reasonable requirement of the disputed premises for his own use and occupation.

(2.) THE suits have been decreed by the learned trial Judge. Hence these appeals by the defendants.

(3.) FOR our present purpose, it is not necessary to go into any question other than the question of validity of the notices, on which the instant suits were brought. The two notices are printed at pages 2 and 3 of Part II of the Paper Book of First Appeal No. 27 of 1961. Those notices are plainly notices to quit, pure and simple. They are, by no stretch of imagination, notices of suit. It is true that the notices were lawyer's notices, but that fact alone would not make them notices of Suit. As again, no ground for eviction is mentioned in the said notices, the instant cases would be distinguishable from the recent Full Bench decision of this Court in Full Bench Reference no. 1 of 1966 (1) Abdul Gani v. Md. Israil and others, reported in 73 cwn 61, thus rendering unnecessary further examination of the said decision.