JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. This Second Appeal has arisen against judgment and decree passed by learned Additional District Judge, Midnapur on 24thJuly 2002, in Other Appeal no 54 of 2000. By the impugned judgment, learned court below has set aside the judgment and decree passed in favour of plaintiff/appellant herein by civil judge (Junior Division) 1st court, Contai in Title Suit no. 277 of 1994.

2. Predecessor-in-interest of present appellant, Giridhari Pradhan as plaintiff initially filed a suit against the predecessor of present respondent Bimalendu Bera, being Title Suit. no 2 of 1984 for eviction of premises tenant only on the ground of default without serving notice under section 13 (6) of the West Bengal Premises Tenancy Act 1956 (in short W.B.P.T. Act 1956). The ground taken for non-service of notice under section 13(6) in that suit was that the tenant agreed to vacate by march 1981, in terms of tenancy agreement dated 12th September 1980 and as such said recital in the agreement is to be treated as a notice under section 13(1)(k) of the W.B.P.T Act 1956. After contested hearing the Trial court dismissed the suit on the ground that suit is not maintainable in the