LAWS(CAL)-1979-3-8

MOHAMMAD NISSAR Vs. MOHAMMAD ANIS

Decided On March 23, 1979
MD.NISSAR Appellant
V/S
MD.ANIS Respondents

JUDGEMENT

(1.) This is an appeal from the appellate decree dated March 2, 1974 passed by the learned Additional District Judge at Alipore, affirming that passed by the learned Munsif, 2nd Court, at Alipore.

(2.) The plaintiffs who are the present respondents brought a suit for eviction and mesne profits against the present appellant on the following allegations:

(3.) The defendant/appellant was a monthly tenant in respect of the first floor at 1, Col. Biswas Road Road, P. S. Karays, District 24-Parganas at a monthly rental of Rs. 85/- payable according to English Calendar month. He defaulted in payment of rent since February 1960. A notice dated August 16, 1960 determining the tenancy on the expiry of the moth of September 1960 was served on him. As he did not comply with the requisition contained in the said notice the present suit was brought.