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1987 Supreme(SC) 82

M.M.DUTT, RANGANATH MISRA
Dipak Kumar Ghosh – Appellant
Versus
Mira Sen – Respondent


Advocates:
D.K.SINHA, K.R.NAMBIAR, S.N.KACKAR, SHANKAR GOPAL PAGIRE, SUKUMAR GHOSH

Judgment

DUTT, J. :- The only question that is involved in this appeal by special leave is whether the High Court was justified in decreeing the suit for ejectment on the ground under Cl. (j) of S. 13(l) of the West Bengal Premises Tenancy Act, 1956, hereinafter referred to as "the Act".

2. One of the grounds for ejectment is that contained in Cl. (j) of S. 13(1) of the Act and reads as follows : -

"S. 13(l). Notwithstanding anything to the contrary in any other law, no order or decree for the recovery of possession of any premises shall be made by any Court in favour of the landlord against a tenant except on one or more of the following grounds, namely : -

..................................................

(j) where the tenant has given notice to quit but has failed to deliver vacant possession of the premises to the landlord in accordance with such notice."

3. It appears that while remitting by postal money order the rents for the months of November and December, 1968, the appellant stated in writing in the money order coupon "we shall vacate the premises within next 6/8 months." It is not disputed before us that the said statement was made in the money order coupon by the appellants














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