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1966 Supreme(Cal) 185

BIJAYESH MUKHERJI
HARENDRA NATH CHATTERJEE – Appellant
Versus
SAILENDRA KRISHNA SAHA – Respondent


Advocates Appeared:
ADITYA NARAYAN RAY, Bijan Bihari Das Gupta, Sarojendra Nath Das Majumdar, Sudhansu Bhusan Sen

BIJAYESH MUKHERJI, J.

( 1 ) BY this rule, obtained on March 21, 1961, under section 115 of the Civil Procedure Code 5 of 1908, the tenant defendant seeks reversal of an order dated February 7, 1961, of a learned Judge, City Civil Court, striking out his defence against delivery of possession under Section 17. Sub-section (3), of the W. B. Premises Tenancy Act 12 of 1956 (hereafter shortened into "the Act") in the following circumstances: the petitioner was a tenant, under the opposite party, of 4 Pashupati Bose Lane in the town or Calcutta, on a rent of Rs. 80 a month, payable according to the Bengali calendar. A contractual tenancy as this was put an end, to on the expiry of the last moment of the last day of Bhadra 1366 B. S. (corresponding to September 17, 1959) by the requisite notice to quit. And only eight days later, to wit, on September 25, 1959, the opposite party raised the action in ejectment (out of which this rule arises), on the ground of reasonable requirement of the premises for their own occupation: just the ground Section 13, Sub-section 1, Clause (f), of the Act, specifies. The writ of summons was served on the petitioner qua defendant on November 11, 1959, corr






















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