Mookerjee, J. - (1.) The plaintiff respondent had filed a suit, out of which the present appeal arises, for eviction of the defendant from the land in suit on an alleged determination of the tenancy by a notice to quit. There was also a claim for mesne profits.
(2.) The defendant questioned the service as also the legality of the notice alleged to have been served upon him and claimed compensation for the structures which were standing on the land. It is not necessary to indicate in detail the various defences raised as the point now in issue in the present appeal is about the interpretation of section 29 of the Calcutta Thika Tenancy Act, 1949 (West Bengal Act II of 1949).
(3.) The Trial Court found all the points in favour of the plaintiff, and decreed the suit directing the defendant to remove from the land within a particular date to be fixed. The mesne profits were also assessed at a certain rate per month.;