Deepak Verma, J. - (1.) Leave granted.
(2.) In this appeal, the question that arises for our consideration is whether the Notice of eviction served by the Appellant-landlord upon the Respondent-tenant under Section 13(6) of the West Bengal Premises Tenancy Act, 1956 (hereinafter shall be referred to as the "Act"), thereby determining his tenancy, was valid, legal and in accordance with law or not
(3.) Factual matrix giving rise to the present appeal, bereft of unnecessary details are mentioned herein below: Original Appellant was the owner and landlord of the premises bearing Municipal Corporation No. 43F Nilmoni Mitra Street, Kolkata - 700 006. The original Respondent was tenant in respect of two rooms on the ground floor at a monthly rent of Rs. 75/-. Before filing the present Ejectment suit, the Appellant had served a notice upon the Respondent determining his tenancy, as contemplated under Section 13(6) of the Act. The said Notice was sent to the Respondent on 28.8.1991 by registered Post with A/D, directing him to vacate the premises on or before the expiry of the last day of October, 1991. The said Notice was duly served on the Respondent. In the said Notice, it was further averred by the Appellant that he reasonably required the said two rooms under occupation of the Respondent, for his own use and occupation. It is to be noted that the said Notice categorically mentioned that the Respondents tenancy was in accordance with English Calendar. The said Notice also mentioned that for all purposes, apart from being a notice under the provisions of the Act, it would also be deemed to be one given under Section 106 of the Transfer of Property Act. It is not clear from the record, if any reply was sent to the said notice by the Respondent but obviously as he failed to comply with the said Notice, the Appellant was constrained to file Ejectment Suit No. 124 of 1992 (later renumbered as 1612 of 2000) before the 6th Bench, Court of Small Causes, Calcutta for his ejectment on the ground mentioned in the aforementioned Notice. ;