BIRAJ MOHAN BHATTACHARJEE Vs. AJIT KUMAR BASU

JUDGEMENT

(1.) This is an appeal by the defendant tenant against the appellate judgment and decree of affirmance in a suit for eviction.

(2.) The plaintiff's case in brief, Is that the defendant was a monthly tenant of the suit premises under the plaintiffs, at a monthly rental of Rs. 30/-according to English calendar month. The defendant had been a defaulter in payment of rent since December, 1954 and the tenancy was determined by notice to quit dated April 23, 1956, with effect from the expiry of May 1956. As the defendant failed to vacate, the suit for khas possession of the suit premises on eviction of the defendant therefrom, was instituted on August 13, 1956.

(3.) The defendant contested the suit filing a written statement, and he denied that he was a defaulter, as due to assertion of rival claims on the rent of the suit premises, he could not deposit rent in time. Service of notice aa also the validity and sufficiency thereof was challenged.