JAINARAIN AGARWALA Vs. S BANERJEE
HIGH COURT OF CALCUTTA
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(1.) THIS Appeal from Original Decree is at the instance of the tenant-defendant and is directed against the judgment and decree dated February 5, 1965 passed by the learned Judge, 6th' Bench, City Civil Court, Calcutta in Ejectment Suit No. 41 of 1 963. There is a cross-objection at the instance of the plaintiff respondent. We have heard the appeal and the cross-objection together.
(2.) THE defendant was a tenant in respect of a room on the first floor of premises No. 27b, Chittaranjan Avenue, Calcutta under the plaintiff. He was paying rent of Rs. 70/- and since he was enjoying the electricity provided for by the landlord he was paying a sum of Rs. 7/- per month towards electricity charges on separate receipts. On January 7, 1963 the plaintiff instituted the aforesaid suit for eviction in against the tenant defendant on two fold grounds, namely that the tenant defendant was in default in payment of rent since August 1962 and secondly on the ground that in breach of the agreement the tenant defendant was using the premises as his residence though let out for. office purposes and such user constituted nuisance and annoyance to his neighbours including the landlord.
(3.) THE summons of this suit being sent for service through the process server, the process server effected service by affixation on a report that the defendant had refused to accept the summons. This report being placed before the Court, the court by its order dated February 7, 1963 neither accepted the service as good in terms off Order 5 Rule 19 of the Code nor expressly rejected the service. On the other hand, the court instead directed that for better satisfaction of the court a registered post card may be served upon the defendant fixing February 25, 1963 for appearance and orders. Such registered post card was issued and was returned with postal endorsement "refused" and the court on March 11, 1963 recorded the following order "plaintiff files Hazira. R. P. C. returned with the postal endorsement "refused" which is a prima facie evidence of good service. Defendant does not appear. Lay before the learned Judge Bench VI for ex parte hearing".;
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