KALI CHANDRA CHAKRAVARTY Vs. KALI KUMAR MAJUMDAR

JUDGEMENT

(1.) This appeal arises out of a suit for ejectment of a kaimi raiyat, on the ground that he had broken a condition of the contract on breach of which he was under the terms of a contract between him and the landlord liable to ejectment, after service of a notice purporting to have been given under Section 155 of the Bengal Tenancy Act.

(2.) The Courts below concurred in dismissing the suit on the ground that the notice was not valid, and the plaintiff has appealed to this Court.

(3.) Section 155 of the Bengal Tenancy Act lays down that a suit for ejectment of a tenant on the ground that he has broken a condition of the contract under which he is liable to be ejected, shall not be entertained, unless the landlord has served a notice on the tenant specifying the particular breach complained of, and where it is capable of remedy requiring the tenant to remedy the same, and in any case to pay reasonable compensation for the breach, and the tenant has failed to comply within a reasonable time with that request.