S.B. SEN Vs. TEJENDRA CHANDRA BHOWMIK

JUDGEMENT

(1.) This appeal is by the tenant -Defendant No. 1 and is directed against an appellate decree by which a decree for possession by evicting the Defendants from the suit premises was affirmed.

(2.) It is not in dispute that the Defendant No. 1 was a tenant in respect of flat No. 10 at premises No. 11 Tarak Dutta Road, Calcutta, at a monthly rent of Rs. 75 payable according to English calendar.

(3.) The Plaintiff's case is that the Defendant No. 1, the tenant, was not residing in the suit premises and was residing in Burma with his family and that he had without the knowledge and consent of the Plaintiff let opt the suit premises to Defendants Nos. 2 to 5. The Plaintiff further pleaded that the Defendant No. 1 was a defaulter not having paid any rent to him since October 1958 and that the Plaintiff had duly served the requisite notices and terminated the tenancy.