M. R. MALLICK, J.

( 1 ) THIS is an appeal against the Original Judgement and decree passed by Sri K. D. Banerjee, Judge, 7th Bench of the City civil Court at Calcutta, dated 9th April, 1985 decreeing the plaintiff/respondent's suit for eviction of the defendant/appellant from the premises No. P-1 on the first floor with garage space in the basement and a servant quarter in between the first and second floor in the building known as "apsara" at premises No. 67, Park Street, under Police Station Park Street. Calcutta.

( 2 ) THE facts may be briefly stated as follows: the plaintiff was and still is the owner of the above flat having purchased the same from M/s. Progressive Co-operative Housing Society Ltd. The defendant had been a monthly tenant under the plaintiff in respect of the aforesaid flat with garage space and servant quarter more fully described to the schedule of the plaint at a monthly rental of Rs. 1,060 payable according to English Calendar month within 5th day of each and every month for which it is payable. The defendant has failed in paying rent in respect of the premises since the month of august 1979 thereby defaulting in payment of rent for more than four months

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