- (1.) This is an appeal against the judgment and decree dated September 30, 1999 passed by the learned Judge, Third Bench, City Civil Court at Calcutta, in Ejectment Suit No. 273 of 1983. The suit was instituted, inter alia, on the grounds of default in payment of rent and nuisance and annoyance.
(2.) In the written statement, however, the defendant took a plea that he was a thika tenant.
(3.) In our view, the learned judge was justified in rejecting the claim of thika tenancy by the defendant. The learned judge, rightly, relied upon exhibit No. 28, that is, a letter written by the learned advocate for the defendant, admitting that the defendant was a monthly premises tenant in respect of the suit premises at a monthly rental of Rs. 60/- (Rupees sixty) only payable according to English calendar. In the said letter dated May 28, 1982, which was addressed to the landlord, on instructions from the tenant, the learned advocate for the tenant never asserted that the tenant was a thika tenant.;