( 1 ) THIS first appeal is at the instance of a plaintiff in a suit for eviction and is directed against the judgment and decree dated October 1,1996 passed by the learned Judge, Second Bench, City Civil Court at Calcutta in Title Suit No. 1289 of 1985 thereby dismissing the suit only on the ground of want of a valid notice of quit in terms of Section 13 (6) of the West Bengal premises Tenancy Act.

( 2 ) THE appellant herein filed the aforesaid suit for eviction of the respondent on the allegation that the respondent became a tenant under the appellant by virtue of a registered deed of lease dated 13th September, 1982 for 25 years but the respondent having violated the terms of the said lease by making default in payment of rent and also by subletting without the consent of the appellant was liable to be evicted.

( 3 ) THE suit was, therefore, in essence, a suit for eviction on the allegation of forfeiture. There is no dispute that prior to the filing of the suit, a notice to quit was given on behalf of the landlord asking the tenant to vacate the property with the expiry of May, 1985 but such notice was issued on 2nd May, 1985.

( 4 ) THE suit was conte