R. BHATTACHARYA, J.

( 1 ) THIS appeal has been directed against the judgment and the decree passed by an Additional District Judge, Howrah in Tide Appeal No. 495 of 1965 setting aside the dismissal of the original suit by a Munsif at Howrah in Title Suit No. 61 of 1963. The appellants are the successors-in -interest of the original defendant duly substituted during the appellate stage.

( 2 ) THE respondent before this Court Nilima Chatterjee started the original suit for eviction and for mesne profits again st the defendant Nandial Bose, a tenant of hers in respect of the suit premises. The plaintiff purchased the suit property from her vendor under whom Nandalal Bose was a tenant in respect of the suit properties at a monthly rental of Rs. 21/- payable according to English Calendar month. During the time of the plaintiff's vendor, the defendant became a defaulter in payment of rent from the month of May, 1961 onwards. After purchase in December, 1962, the plaintiff served a notice upon the defendant to quit on the expiry of the month of February, 1963. The ground of eviction was the default in payment of rent on the part of the defendant-tenant from May, 1961 till the end of Feb

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