FAKIR CHARAN DAS Vs. SATCHIDANANDA RAIGURU

JUDGEMENT

(1.) THE defendant is in appeal against the affirming decision of the learned subordinate Judge. Cuttack in a suit for ejectment and arrears of rent.

(2.) ADMITTEDLY, the plaintiff is the owner of the house and the defendant is a tenant under him. The plaintiff sued for ejectment as also for recovery of arrears of rent of three months.

(3.) ONE of the defences was that there was no valid notice served determining the lease. On that plea Issue No. 3 was raised to the following effect: "is the notice served by the plaintiff on the defendant valid and legal?" in paragraph 3 of the plaint the plaintiff had pleaded that the term of the tenancy was that whenever the plaintiff would ask the defendant to give up possession of the house, he would vacate without protest. In paragraph 4 of the written statement it was pleaded: "that the plaintiff cannot sue for eviction of the defendant from the disputed properties as he has not determined the relationship of the lessor and lessee between them either in the plaint or in his notice. "