JUDGMENT :

AJOY KUMAR MUKHERJEE, J.

1. The present Second Appeal has been directed by the appellant being aggrieved and dissatisfied with the judgment and decree dated 8th February, 2006 passed by the learned 6th Bench, City Civil Court, Calcutta in T.A. No. 82 of 2005 affirming the judgment dated 6th July, 2005 passed by the learned 3rd Bench, Small Causes Court, Calcutta in Ejectment Suit No. 557 of 2001.

2. Brief background of the present appeal is that the respondents/plaintiffs filed aforesaid suit for eviction of the defendant/appellant from the suit premises, occupied by the defendant as a tenant under the plaintiffs at a rental of Rs. 30 per month, payable according to English Calendar month. The plaintiffs in the plaint alleged that the defendant is a defaulter in payment of rent in respect of the suit premises since the month of August, 1981 and as such the plaintiff terminated the tenancy of the defendant in respect of the suit premises by serving notice under section 13(6) of the West Bengal Premises Tenancy Act, 1956 (Act of 1956) asking him to vacate the suit premises with the expiry of the month of June 1986. As the defendant failed to vacate the suit premises inspite o