Pradyot Kumar Banerjee, J.

1. This appeal at the instance of the plaintiff-appellant against the defendant arises out of a suit for eviction from the disputed premises. The defendant, Dr. J.C. Gupta was a monthly tenant under the plaintiff in respect of the 1st floor flat at 100A, S.N. Banerjee Road, Calcutta, at a rental of Rs. 7431 per month payable according to English Calander month. It is alleged that the defendant was a defaulter in payment of rent since October, 1969 as such he is not entitled to the benefit of protection against eviction under the provisions of the West Bengal Premises Tenancy Act. It is further stated that the premises was let out to the defendant for the residential purposes and the defendant Dr. J.C. Gupta lived there with his family for several years. Thereafter the said defendant removed his family from the said premises to his newly constructed house at 3 Lower Range, Calcutta, where he is permanently living with his family. The defendant Dr. J.C. Gupta, it is alleged, however used the said premises for business purposes by starting a wooden furniture business under the name and style of Kamala Furnishing Company in the benami of his son Sri G