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1968 Supreme(Gau) 89

P.K.GOSWAMI
Kali Kumar Sen – Appellant
Versus
Haridas Roy – Respondent


Advocates Appeared:
N.M.Lahiri, M.H.Choudhary, J.P.Bhattacharjee, S.K.Ghose

This second appeal is directed against the judgment and decree of the learned Subordinate Judge No. 2, Silchar, affirming the judgment and decree of the learned Munsif of Silchar.

2. The plaintiffs' case is that the de­fendant is a tenant under them in res­pect of the suit holding, which is a room in a two-storeyed building. The rent was payable at the rate of Rupees 12/- per month according to the Bengali calendar month. They, therefore, gave a notice to the defendant on 7th Bhadra 1336 B. S., corresponding to 24th August 1959, by registered post asking the defen­dant to vacate at the end of the month of Bhadra. They also demanded payment of all arrears of rent within seven days of the receipt of that notice. The de­fendant did not reply to the notice nor complied with the demand and hence the plaintiffs filed the present suit.

3. The defendant pleaded that he took the settlement for starting his trunk factory and gold-smith work-shop. Hence the notice is invalid and insufficient under the law. He also denied that the plaintiffs have any bona fide requirement of their own for the premises.

4. The learned Munsiff held that the lease was for manufacturing purpose and hence the notice g






































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