- (1.) This is an appeal against an appellate decree of the subordinate judge, 5th court, Alipore, reversing a decree of the munsif, 2nd court, Alipore, in a suit for ejectment. The landlord wanted the premises for bona fide use and occupation and both the courts have found in his favour. So the point no longer arises in second appeal.
(2.) The whole question in this appeal is whether the notice to quit is valid in law. The notice to quit, as far as necessary for the purpose of this decision, is to the following effect: Under instructions from my client Mr. Amarendra Nath Bose of 50/1, Wellington Street, in the town of Calcutta, I write to give you notice to quit, vacate and make over peaceful possession of premises No. 1/2A, Hazra Road which you are occupying under my client as a monthly tenant-at-will to my aforesaid client and at the expiry of the current month of your tenancy.
(3.) The learned munsif in deciding issue No. 3 says as follows: The Defendant contends that the notice is defective inasmuch as the notice does not state the month of the tenancy, namely, whether the same is according to English calendar month or according to Bengali calendar. I do not think this contention is tenable for, in my view, this cannot be treated as a defect when there is no dispute as to the fact that the tenancy is governed by English calendar months. As such I decide this issue in favour of the Plaintiff.;