MANICKLAL DEY CHAUDHURI Vs. KADAMBINI DASSI

JUDGEMENT

(1.) This is a suit to recover possession from the defendant of the premises No. 16, Prem Chand Boral Street and for damages at the rate of Rs. 130 a month.

(2.) The plaintiff is a tenant from the superior landlord of the premises in question and the defendant is his sub-tenant. The case made in the plaint is that on the 11 June 1924 the sub-tenant was given notice to vacate premises on 17 July 1924; The defendant failed to vacate the premises and the suit was filed on 28 August 1924.

(3.) The facts are admitted. The defendant has paid Rs. 130 a month, month by month to the Rent Controller. No question arises under the Calcutta Rent Act and whether this is the proper amount payable as rent is immaterial. Subsequently and after the suit had been filed, the plaintiff withdrew from the Rent Controller the money so deposited by the defendant. The whole point in the case is whether or not by withdrawing from the Rent Controller the amount so deposited, the notice to quit has been waived.