Decided on September 28,1970

Smt. Kamala Majumdar Appellant
Chittaranjan Sarkar Respondents


A.N. Sen, J. - (1.) This is a suit for recovery of possession of premises No. 14B Brindaban Mullick Lane, Calcutta, for a decree of Rs. 1,112 -70 being the arrears of rent in respect of the premises, for mesne profits and for other relief 's.
(2.) On or about February 28, 1968, the Plaintiff purchased the said premises No. 14B Brindaban Mullick Lane, Calcutta, from one Sanat Kumar Chatterjee, the then owner thereof, for a total consideration of Rs. 27,000. At the time of the purchase of the said property by the Plaintiff the said premises was tenanted and the Defendant was a monthly tenant in respect of the said premises at a rent of Rs. 220 per month payable according to the English calendar. The Defendant had duly atoned to the Plaintiff. The Defendant failed and neglected to pay rents for the months of March, April, May, June and July 1968 and the Defendant became a defaulter in the matter of payment of rent. By and under a combined notice under Sec. 13(b) of the West Bengal Premises Tenancy Act, 1956, and under Sec. 106 of the Transfer of Property Act, 1882, dated June 21, 1968, caused to be duly served on the Defendant through the Plaintiff's Solicitor, the Plaintiff duly determined the tenancy, called upon the Defendant to quit, vacate and deliver up vacant possession of the said premises on the expiry of the last day of the month of July 1968, and by and under the said notice the Plaintiff also gave due notice to the Defendant of her intention to file a suit.
(3.) The Plaintiff instituted the suit on or about August 8,1968. In this suit, recovery of possession of the said premises No. 14/B Brindaban Mullick Lane is claimed on two grounds, namely, (i) default and (ii) reasonable requirement -of the Plaintiff for her bona fide use and occupation of the said premises.;

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