A notice to quit is valid if it is clear, unambiguous, and gives the tenant sufficient time to vacate the premises after the expiry of the tenancy.

Pranab Kumar Deb, J.

1. THE instant appeal has been directed against the judgment dated 20th January, 2006 and the decree dated 30th March, 2006 passed by the learned Additional District and Sessions Judge, Fast Track Court at Chandannagar in Title Appeal No. 52 of 2005 whereby the judgment and decree dated 23rd February, 2005 and 3rd March, 2005 respectively passed by the learned Civil Judge (Junior Division), 1st Court in Chandannagar in Title Suit No. 257 of 1993 were set aside.

2. THE appellant/landlord filed the Title Suit No. 257 of 1993 against the defendant/respondent in the year 1993 for recovery of the suit premises as well as for recovery of arrears of rent and mesne profit. It was alleged that the defendant made default in payment of rent. It was also alleged that he had made unauthorised and illegal construction in the suit room in violation of the terms of the tenancy. Through amendment of the plaint, the plaintiff also sought for eviction, claiming that the suit premises was registered for building and re-building purposes. Denying the contention of the plaintiff, the defendant filed the written statement. It was contended that he never made default in payment of rent. The allegation of making unauthorised and illegal construction in the suit room had also been challenged in his written statement. It was denied that the plaintiff required the suit premises for building and re-building purposes. He had also challenged the notice to suit and quit.

3. IN decreeing the suit, the learned Court accepted the contention of the plaintiff that the defendant had made unauthorised and illegal construction in the suit room. Considering the dilapidated condition of the suit premises which was more than 100 years old, the Trial Court also accepted the contention of the plaintiff that the suit premises was required for building and re-building purposes. IN view of the defendant complying with the provision of section 17 (1) and 2A of the West Bengal Premises Tenancy Act, 1956, the Court had viewed that the defendant was entitled to get the relief under section 17(4) of the West Bengal Premises Tenancy Act.

4. CHALLENGING the aforesaid judgment and decree, the defendant filed the Title Appeal No. 52 of 2005. Disbelieving the plea that the construction had been made with the consent of the landlord, the Appellate Court also concurred with the view that the defendant was guilty of making unauthorised and illegal construction in the suit property. The Appellate Court also accepted the contention of the plaintiff that in view of its dilapidated condition, the suit premises was required for building and re-building purposes. The Appellate Court has, however, reasoned that since the tenancy had not been terminated by issuance of a valid notice in terms of the provision of section 13 (6) of the West Bengal Premises Tenancy Act, the suit for recovery of possession was liable to be dismissed. Accordingly, the appeal was allowed by setting aside the judgment and decree passed by the Trial Court. Challenging the aforesaid finding of the Appellate Court, the present appeal which has been numbered as S.A. 383 of 2006 has been filed.

5. IN admitting the appeal, the Court has framed the following questions of law:

a. Whether the learned Court of Appeal below committed substantial error of law in reversing the judgment of the Trial Court. b. Whether the learned Court of Appeal below committed substantial error of law in determining the ejectment notice as illegal and bad. c. Whether the learned Court of Appeal below committed substantial error of law by not taking into consideration that in the notice of ejectment the plaintiff has clearly stated that delivery of possession is required to be given by the tenant "ending with the month of tenancy".

6. APPEARING on behalf of the appellant, Mr. Haradhan Banerjee has submitted that the First Appellate Court has failed to appreciate the fact that the notices to quit was received by the tenant on