IMPORTANT POINT
Substantial question of law is sine qua non of second appeal.

JUDGMENT

Deepak Verma, J. —

1. Leave granted.

2. In this appeal, the question that arises for our consideration is whether the Notice of eviction served by the appellant-landlord upon the respondent-tenant under Section 13 (6) of the West Bengal Premises Tenancy Act, 1956 (hereinafter shall be referred to as the “Act”), thereby determining his tenancy, was valid, legal and in accordance with law or not?

3. Factual matrix giving rise to the present appeal, bereft of unnecessary details are mentioned hereinbelow:-

Original Appellant was the owner and landlord of the premises bearing Municipal Corporation No. 43F Nilmoni Mitra Street, Kolkata - 700 006. The original Respondent was tenant in respect of two rooms on the ground floor at a monthly rent of Rs. 75/-. Before filing the present Ejectment suit, the Appellant had served a notice upon the Respondent determining his tenancy, as contemplated under Section 13 (6) of the Act. The said Notice was sent to the Respondent on 28.8.1991 by registered Post with A/D, directing him to vacate the premises on or before the expiry of the last day of October, 1991. The said Notice was duly served on the Respondent. In the said Notice, it was further averred by the Appellant that he reasonably required the said two rooms under occupation of the Respondent, for his own use and occupation. It is to be noted that the said Notice categorically mentioned that the respondent’s tenancy was in accordance with English Calendar. The said Notice also mentioned that for all purposes, apart from being a notice under the provisions of the Act, it would also be deemed to be one given under Section 106 of the Transfer of Property Act. It is not clear from the record, if any reply was sent to the said notice by the Respondent but obviously as he failed to comply with the said Notice, the Appellant was constrained to file Ejectment Suit No. 124 of 1992 (later renumbered as 1612 of 2000) before the 6th Bench, Court of Small Causes, Calcutta for his ejectment on the ground mentioned in the aforementioned Notice.

4. On service of the summons from Court on the Respondent, he appeared and denied the averments as made by the Appellant. Respondent herein contended that there was absolutely no reasonable requirement of the premises by the Appellant and furthermore, he took a specific plea that the suit was not maintainable inasmuch as it was in contravention of Section 13 (6) of the Act, which provides a clear one month’s Notice for determining the tenancy, as the tenancy was in accordance with Bengali Calendar month and not as per the English Calendar month as averred and pleaded by the Appellant. To buttress this contention further, Respondent placed heavy reliance on the rent receipts issued by Smt. Kamala Bala Sett, the erstwhile owner of the property in question, who was accepting rent earlier for and on behalf of the Appellant, wherein a categorical endorsement was made that tenancy was according to Bengali calendar month.

5. On the averments of the respective parties, the Trial Court was pleased to frame issues. Issue No. 1 and 2 dealt with the question of maintainability of the suit by the Appellant and whether the Notice of ejectment served by Appellant on the Respondent was valid, legal and in accordance with law.

6. However, learned Trial Court after recording the evidence and after perusal of the records available, came to the conclusion that the Notice was not served in accordance with the provisions of section 13 (6) of the Act as one month’s clear time was not given to the Respondent for vacating the premises. Thus, it was found that the very genesis of the suit was defective, and hence the suit was dismissed on this ground alone, even though the ground of ejectment with regard to bona fide need of the Appellant was found to be in his favour.

7. Feeling aggrieved by the judgment and decree of the trial court, Appellant was constrained to file an appeal before the appellate court. The appellate court c