R.BHATTACHARYYA
JITENDRA NATH DAS – Appellant
Versus
BIJOY LAL DAS – Respondent
( 1 ) THIS is a second appeal by Jitendra Nath Das, the defendant of the original suit in which the plaintiff-respondent Bijoy Lal Das obtained a decree for eviction against the former in respect of the suit premises. An appeal was taken against that decision before the District Judge, but it was dismissed.
( 2 ) THE plaintiff brought the suit against the defendant, a tenant in respect of the suit premises under the West Bengal Premises Tenancy Act and obtained a decree for eviction of the defendant on the ground of arrears of rent. The learned Munsif of the trial court found that the defendant was in arrears of rent and that he was not entitled to get any protection. It was also found that ejectment notice was duly served upon the defendant through post by certificate of posting. In the appeal below, the learned Subordinate Judge concurred with the finding of the learned Munsif. Only one point was urged at the time of hearing of the appeal below regarding the service of notice of ejectment under Section 106 of the Transfer of Property Act. In particular, it was contended that the address of the defendant written on the envelope containing the ejectment notice
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