P. B. MUKHARJI, J.

( 1 ) THIS is a suit by the pltfs. for the recovery of the ground floor of premises No. 88/2, Wellesley Street, Calcutta. The deft. is said to be a monthly tenant in the said ground floor at a rent of Rs. 135 p. m. whose tenancy was determined by a notice to quit given on 25-5-1949 by the pltfs. solicitors. The ground on which possession is claimed is bona fide requirement for the purposes of building and rebuilding and for the purposes of the occupation of the pltfs. There is also an allegation that the deft. in violation of the terms of the tenancy caused extensive damage to the said premises. The prayers in the plaint include claim for possession, mesne profits and damages to the extent of of Rs. 20,000. The suit was filed on 1-8-1949 when the West Bengal Premises Rent Control Act of 1948 was in operation.

( 2 ) THE original written statement of the deft. pleads that he has been working a printing press for several years with the knowledge and consent of the previous owners as well as of the pltfs. It admits that the tenancy was a monthly tenancy. It also admits the notice to quit. In the written statement it is pleaded that cracks to the walls and damage to

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