OFFICIAL TRUSTEE OF BENGAL Vs. WGBOWDEN

JUDGEMENT

(1.) This is an appeal from two judgments, the first of which was delivered by my learned brother Mr. Justice Buckland on the 22 February, 1924, and the second of which was delivered by my learned brother Mr. Justice C. C. Ghose on the 20 of May 1924.

(2.) The suit was brought by the plaintiff, the Official Trustee of Bengal, as Trustee of the Estate of Anna Apcar, on the 5 of December 1923 : and, it was alleged that the defendant had been the lessee under a lease, dated the 20 of November 1919 for a period of four years, the term of which expired on the 30 day of September 1923.

(3.) There was a further allegation that on the 13 of August 1923, the plaintiff gave notice to the defendant to quit and vacate the premises on the expiry of the lease, as the premises were required for the use and occupation of one Johannes Apcar, the present sole beneficiary under the trust.