LAWS(CAL)-1969-10-20

KISHORI MOHAN DAS Vs. UMA SASHI DASI

Decided On October 07, 1969
KISHORI MOHAN DAS Appellant
V/S
UMA SASHI DASI Respondents

JUDGEMENT

(1.) This appeal is by the Defendant and it arises out of a suit for ejectment. The suit was instituted on February 13, 1957 and it is obviously governed by the West Bengal Premises Tenancy Act, 1956. The ground taken under the said Act was that the tenant was guilty of unlawful sub -letting and accordingly was disentitled to protection under the protective provisions of the said statute.

(2.) The learned Trial Judge accepted the Plaintiff's case and made a decree in her favour.

(3.) Before us two questions have arisen. One is with regard to the legality, sufficiency and validity of the notice of ejectment for purposes of Sec. 13(6) of the above Act; the other is whether the alleged sub -tenancy has been proved in the instant case and whether it has been proved to have come into existence after the coming into operation of the above statute.