K. C. DAS GUPTA, J.

( 1 ) THE petitioner brought the present suit for ejectment on 25-7-1956 against the opposite party Dr. Samiruddjn on the allegation that the latter was occupying premises No. 54/1, Diamond Harbour Road, Kidderpore, Calcutta, as a monthly tenant according to the English calendar under the plaintiff at a rental of Rs. 40/- per month; that this tenancy has been determined by a notice to quit sent by registered post on 18-5-1956; that the plaintiff reasonably required the suit premises for his own use and occupation and for the benefit of the estate by making substantial addition to and alterations of the front portions of the suit premises; that the defendant without the consent and knowledge of the plaintiff converted the main entrance passage into a kitchen causing serious damage. The summons in the suit was served on the defendant on 11-8-1956. The defendant appeared on 24-8-1956 and filed written statement on 18-9-1956. On 4-12-1956, the plaintiff made an application stating that the defendant had neither deposited, in Court nor paid to the plaintiff"the arrears of rent due to the plaintiff at the rate of Rs. 40/- per month (at the rate at which it was last p

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