KAMALABALA DEVI Vs. DURGACHARAN DUTTA
HIGH COURT OF CALCUTTA
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(1.)THIS appeal arises out of a suit for ejectment filed by the plaintiffs landlord against the defendant tenant for her eviction from the disputed premises.
(2.)PLAINTIFFS' case briefly is the defendant who was holding under a registered lease the disputed premises for five years with option to renew the lease for further five years expiring on 81st January, 1965, at a monthly rental of Rs. 170/- per month according to the english Calendar held over after the expiry of the lease as a tenant but de faulted in payment of rent since the month of August 1966. It is also alleged that the defendant has been using or allowing the premises to be used for immoral and illegal purposes on letting the rooms to several women, for prostitution. In a previous ejectment suit filed by the plaintiffs against the defendant although the second ground for ejectment was established the suit was dismissed as notice of ejectment was found to be invalid. Inspite of service of fresh notice of ejectment it is alleged the defendant refused to vacate.
(3.)THE suit was contested by the defendant and in the written statement filed by her, she denied all material allegations of the plaint. She also denied the validity, sufficiency and service of the ejectment notice.
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