UNION OF INDIA Vs. SHANKAR NARAYAN GUPTA

JUDGEMENT

(1.) This appeal is at the instance of the Union of India and it arises out of a suit for ejectment.

(2.) The case of the plaintiff was that the. Premises No. 5, Middleton Street, Calcutta was taken on lease by the defendant Union of India at a monthly rental of Rs. 4,000/-. The plaintiff determined the tenancy of the Union of India by, the service of a notice to quit under Section 106, of the Transfer of Property Act. The suit was instituted by the plaintiff after service of a notice under Section 80 of the Code of Civil Procedure. It was alleged by the plaintiff that the defendant failed to make essential repairs to the suit premises. Further, it was alleged that the plaintiff required the suit premises for his own use and occupation.

(3.) The suit was contested by the defendant by a written statement inter alia denying therein the allegations of the plaintiff as to the suit premises having fallen into disrepairs and the plaintiff's requirement of the suit premises. It was contended that the, West Bengal Premises Tenancy Act, 1956 applied to the tenancy, and that the suit was not maintainable without the service of a notice under Section 13(6) of the said Act.