JUDGMENT :

N.L. Untwalia, J.

This is a landlord's appeal by special leave. They had filed a petition in the year 1958 in the Court of the Munsiff at Alipore under Section 5 of the Calcutta Thika Tenancy Act, 1949 as it then stood after serving a notice on the tenant-respondents to quit in accordance with Section 4. The ground for eviction was as provided in Section 3 (iv) of the said Act. The application was allowed by the Munsiff but was dismissed on appeal by the tenants by the Subordinate Judge. He took the view that the notice given on the 8th of January, 1958 was not given on behalf of all the co-owner landlords as the name of one of the minor co-owner landlord was not mentioned at the foot of the notice. The landlords challenged the order of the Subordinate Judge in the Calcutta High Court but were unsuccessful. Hence this appeal.

2. We have examined the original notice dated 8-1-1951. In the paper-book as printed there is a slight inaccuracy. On examination of the original notice what is clear is that the notice was from and on behalf of all the co-owner landlords including all the minors as mentioned at the top of the notice. At the foot signatures were appended, Subhendu Pros