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2011 Supreme(SC) 451

DEEPAK VERMA, DALVEER BHANDARI
Mritunjoy Sett – Appellant
Versus
Jadunath Basak – Respondent


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 furt




























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