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1949 Supreme(Cal) 109

P.B.MUKHARJI
Basant Lal Saha – Appellant
Versus
P. C. Chakarvarty – Respondent


Advocates:
S. Dutt - for Plaintiff.
D.K. Sen - for Defendant.

JUDGMENT :- This is a suit by the plaintiff for the recovery of possession of premises No. 26C Amherat Row, Calcutta and for decree for the sum of Rs. 705 alleged to be due in respect of arrears of rant from April 1947 to June 1948 and for mesne profits and costs.

2. The case of the plaintiff is that the defendant was a monthly tenant under the plaintiff in respect of premise No. 26C Amherst Bow at the rent of Rs. 47 per month. A notice to quit was given on 26th May 1948 calling upon the defendant to vacate the premises by the end of June 1948. The plaintiff also pleads that be requires this house for his own occupation. He obtained permission from the Bent Controller on 17th December 1947. The suit was instituted on I9tfa July 1948.

3. The defendant filed his written statement. The default in the payment of rents is denied. The defendant also denies the validity of the notice to quit. The defendant denies that there is any bona fide requirement by the plaintiff.

4. In the written statement the defendant has gone further to say that the plaintiff owns and possesses many other propertied in Calcutta and does not require the premises in suit for his own occupation. The defendant has imp



















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