Judgement

VENKATARAMIAH, J. :- The question involved in this case is whether the High Court of Calcutta was right in returning the plaint presented by the appellant for presentation to the proper Court under O. 7 R. 10 of the C. P. C., 1908 (hereinafter referred to as the Code).

2. The appellant is the owner of Flat No. 2 (now known as B), 7th Floor, Gem Building at 5/B, Russel Street, Calcutta. The said premises had been leased out in favour of the respondent on a monthly rent of Rs. 1,400/-. The respondent committed default in the payment of rent from the month of June, 1984. The appellant, therefore, served a notice on the respondent under S. 106 of the Transfer of Property Act, 1882 and S. 13(6) of the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as the Act) determining the tenancy with the expiry of the month of January, 1985 and called upon him to deliver possession of the premises. Upon failure of the respondent to hand over the vacant possession of the premises on the expiry of January, 1985 the appellant filed a suit in Suit No. 755 of 1985 on the Original Side of the High Court of Calcutta for recovery of possession of the premises and for recovery of arr