INDIAN IRON AND STEEL CO LTD Vs. ANIL KUMAR FOUZDAR
HIGH COURT OF CALCUTTA
INDIAN IRON AND STEEL CO LTD
ANIL KUMAR FOUZDAR
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(1.) THIS is a Letters Patent Appeal under clause 15 of the Letters Patent against the judgment of our learned brother Banerjee. J. The appeal arises out of a suit for ejectment. The suit was brought on November 21, 1951. It was based on a notice to quit, dated September 14, 1951 and duly served by registered post on September 15, 1951, asking the tenant (defendant) to quit and vacate the suit premises with the expiry of the month of September, 1951. The suit tenancy was held by the defendant at a monthly rental of Rs. 4/-payable according to the English calendar. The premises was situate at Burnpur. The appellant before us wag the plaintiff in this ejectment suit.
(2.) IN the plaint, an allegation was made that the defendant had been a defaulter since April 1950, and that, consequently, he had forfeited any claim of protection under the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, which was the rent control legislation, applicable to the case.
(3.) THE defense, inter alia, was that the defendant was not a defaulter, as alleged, or, at all. The trial court decreed the suit, holding, inter alia that the defendant was a defaulter since April, 1950. The facts upon which this finding was based were found as follows:;
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