- (1.) This second appeal is directed against judgment and decree dated 22.03.2002 and 26.03.2002 respectively passed by learned Civil Judge (Senior Division), Tamluk, Midnapore (East) in Other Appeal No.12 of 2001 affirming the judgment and decree dated 23.02.2001 and 03.03.2001 respectively passed by learned Civil Judge (Junior Division), 3 rd Court Tamluk in Other Suit No.174 of 1995.
(2.) Admitted facts of this case as it appears from the record as well as from the submission of learned advocates may be summarized as follows:- The appellant/defendant was inducted as a tenant in the suit premises by respondent /plaintiff /landlord on the basis of an agreement dated 1 st of Baisak, 1400 B.S. As per agreement the defendant will occupy the tenanted portion till Chaitra, 1401 B.S. on payment of rent against receipt. There were other terms in the said agreement which bears signature of appellant /defendant/tenant. After expiry of Chaitra, 1401 B.S. defendant continued to possess the suit premises. Respondent /plaintiff took the plea that at the prayer of the defendant /tenant he permitted him to continue two-three months on payment of rent for searching out an alternative accommodation but defendant neither paid rent nor vacated the suit premises. The appellant/defendant/tenant, on the other hand, took the specific plea that after Chaitra 1401 B.S. there was a talk of further agreement between the parties when plaintiff agreed to execute a further agreement till 1406 B.S. but ultimately did not execute any such agreement.
(3.) It was further specific case of appellant /defendant/tenant that he paid rent upto Ashar, 1402 B.S. without rent receipt and that thereafter sent rent to plaintiff through M.O. which was not accepted by the plaintiff. Plaintiff./landlord sent a notice under Section 106 Transfer of Property Act for vacating the suit premises but notice returned with the postal remarks refused'.;