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1988 Supreme(Cal) 52

AJIT KUMAR NAYAK, A.M.BHATTACHARJEE
MONO RANJAN DASGUPTA – Appellant
Versus
SUCHITRA GANGULY – Respondent


Advocates Appeared:
ASOKE GANGULY, B.MAJUMDAR, P.B.DAS, PRADIPTA ROY

A. M. BHATTACHARJEE, J.

( 1 ) WE dismiss this second appeal as we find nothing to warrant our interference with the finding of the first Appellate Court that the suit for ejectment, giving rise to this appeal, is bad fir non-service of notice under S. 13 (6) of the West Bengal Premises Tenancy Act, 1956.

( 2 ) IT would be trite to say that a notice of suit by the landlord to the tenant under S. 13 ( 6) of the West Bengal Premises Tenancy Act is a condition precedent to the institution of a suit by the landlord for ejectment of his tenant on any of the grounds mentioned in S. 13 (1), except a suit based on the tenant's agreement or notice to quit as provided in Cls. (j) and (k) of S. 13 (1 ). Such a notice in this case was sought to be served by the appellant-landlord to the respondent-tenant by registered post by addressing one copy of such notice to the tenanted premises and another copy to the tenant's alleged place of business and in para 10 of the plaint, the plaintiff-landlord has averred that while the "notice sent by registered post with acknowledgement due to the said premises was refused by the defendant and the registered cover had been sent back"', "the other registere





















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