PITAMBER LAL BUDWANI Vs. SUNIT KUMAR MUKHERJEE

JUDGEMENT

(1.) This first miscellaneous appeal is at the instance of a tenant/defendant in a suit for eviction and is directed against the judgment and decree dated Dec. 21, 1992 passed by the learned Additional District Judge, 2nd Court, Alipore in Title Appeal No. 338 of 1998 thereby reversing those dated Aug. 3, 1990 passed by the learned Additional Munsif, 1st Court, Alipore in Title Suit No. 10 of 1988 and remanding the matter back to the learned trial Judge for decision.

(2.) The respondent herein filed the aforesaid Title Suit No. 10 of 1988 for eviction of the appellate on various grounds under the provision of West Bengal Premises Tenancy Act.

(3.) The appellant contested the aforesaid suit by filing written statement thereby denying the material allegations made in the plaint and the specific defence of the appellant was that the notice given under Sec. 13(6) of the West Bengal Premises Tenancy Act was valid and as such the suit was liable to be dismissed.