ARUN K. MUKHERJEA, J.

( 1 ) THIS appeal has come up for hearing and disposal before this Special Bench upon a reference made by A. N. Ray and S. K. Mu-kherjca, JJ. under Chapter II, Rule 1 (ii) of The Appellate Side Rules of this High Court. The facts and circumstances under which this appeal arises are briefly as follows :-The defendant Jamuna Prasad Chowrasia was a monthly tenant under the plaintiff Kishorilal Poddar in respect of a shop-room on the ground floor of premises No. 31b, Banstala Gali, Calcutta. The rent that the defendant used to pay was Rs. 24. 00 per month according to the Hindi Calendar month commencing from Badi 1 to Sudi 15 of each month. The plaintiff terminated the defendant's tenancy by a notice to quit dated Magh Badi 2,2020 S. Y. corresponding to 18 December, 1963. The plaintiff alleges that the defendant had defaulted in payment of rent for more than four months within a period of 12 months since the month of Shravan 2020 S. Y. and that the defendant was not entitled to any protection from eviction under the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as the said Act of 1956 ). The defendant did not quit the premises upon determination

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