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1951 Supreme(Cal) 98

K.C.CHUNDER
NARESH – Appellant
Versus
KANAI LAL ROY CHOWDHURY – Respondent


Advocates Appeared:
AJIT KUMAR DUTT, ANIL KUMAR SETT, HIRALAL CHAKRAVARTY, PRASUN CHANDRA GHOSH

K. C. CHUNDER, J.

( 1 ) THIS is a tenant's appeal against an appellate decree io ejectment of the Additional Subordinate Judge of Hooghly affirming that of the Munsif, 2nd Court, Serampore. The suit for ejectment was brought by the landlord respondent under the Act of 1948 on the ground of default in payment of rout and of bona fide requirement of the landlord of the premises for his own use and occupation. Service of notice to quit was also pleaded. Both the Courts have held that the notice to quit was properly served.

( 2 ) IT was urged before the Courts below and in this Court also that there is a dispute as to whether the tenancy was according to the English Calendar or the Bengali Calendar. Both the Courts have held that as a question of fact the tenancy was under the Bengali Calendar. It is clear that the tenancy began under the Bengali Calendar. It appears that there was an application for fixation of standard rent before the Rent Controller which ended in a compromise dated 11-9-1947. In the compromise it was stated that the rent would be increased from "this month". The order of the rent Controller showed that "this month" was interpreted by him as September, but whether


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