SALIL KUMAR DATTA, J.

( 1 ) THIS is an appeal by the tenant defendant under Clause 15 of the Letters Patent The suit was dismissed by the learned Judge, Third Bench. City Civil Court, Calcutta. On appeal Chittatosh Mookerjee. J. set aside the judgment and decree under appeal and decreed the suit.

( 2 ) THE case in the plaint is as follows: The defendant was a monthly tenant under the plaintiff Oswal Jain and Co. . in respect of certain rooms and one kitchen in the fifth floor of premises No. 7/1c. Lindsay Street, Calcutta (described in the schedule to the plaint and hereinafter referred to as the suit premises) at a monthly rent of Rs. 223. 84p, the tenancy being according to English calendar month. The tenancy was determined by notice to quit, duly served on the defendant, with expiry of September, 1961. It was alleged that the defendant had sub-let his tenancy without the previous consent in writing of the plaintiff and as such was not entitled to any protection under the West Bengal Premises Tenancy Act, 1956. The suit was accordingly instituted on December 7. 1961 claiming a decree for recovery of possession of the suit premises.

( 3 ) THE suit was contested by the defendant

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