BHASKAR BHATTACHARAYA - (1.) This second appeal is at the instance of a tenant /defendant and is directed against the judgment and decree deated April 16, 1990 passed by the learned Additional District Judge, 8th Court, Alipore in Title Appeal No. 233 of 1989 thereby affirming those dated May 3, 1989 passed by the learned Assistant District Judge, 1st Court, Alipore in Title Suit No. 21 of 1986.
(2.) The aforesaid suit filed by the respondent for eviction of the appellant on the ground of expiry of lease of 21 years. The said suit was contested by the appellant by filing written statement and the main defense taken by the appellant was that the tenancy was governed by the West Bengal Premises Tenancy Act ("Act") and as such in the absence of any notice to quit under S. 13(6) of the Act or in the absence of existence of any ground mentioned under S. 13(1) of the said Act, the sauit was not maintainable.
(3.) The learned trial Judge decreed the suit holding that the Act has no appliction to the fact of the present case.;