HEMANGINI CHOWDHRANI Vs. SRIGOBINDA CHOWDHURY

JUDGEMENT

(1.) This was a suit in ejectment. The Court of First Instance dismissed it, but the Lower Appellate Court has given a decree to the plaintiff.

(2.) The real question that we are called upon to determine in this appeal is whether the notice to quit served upon the defendants, was reasonable and sufficient and whether the defendants are entitled to have the suit dismissed, if such notice was not reasonable and sufficient.

(3.) The notice with which we are concerned bears date the 26 of Joista 1304, and it calls upon the defendants to quit the land at the end of six months, namely, on the last day of the mouth of Agrahan of the same year 1304. It, however, treats the defendants as marfatdars, they having paid rent from year to year in place of the original tenant.