- (1.) THIS appeal is directed against the judgment and decree passed by the Learned Civil Judge, (Senior Division), Kandi, Murshidabad dated 27.07.2011 in Title Appeal No.16 of 2008 affirming those of the Learned Civil Judge, (Junior Division), 1st Court, Kandi, Murshidabad in Title Suit No.162 of 1993.
(2.) THE plaintiff filed the suit being Shebait of the Deity against the defendant who was a tenant in respect of the suit premises at a rental of Rs.30/ - per month under the plaintiff Deity. The defendant paid rent up to the month of Chaitra 1396 B.S. and thereafter, defaulted in payment of rent since Baisakh, 1397 B.S. The plaintiff made several requests to the defendant to pay the rent but he refused. So he served a notice under Section 106 of the Transfer of Property Act upon the defendant on 29.08.93 through his Learned Advocate which was served upon the defendant on 01.09.1993 corresponding to 15th Bhadra, 1400 B.S. But the defendant did not vacate the suit premises, hence the suit
(3.) THE defendant contested the suit by filing a Written Statement in which the alleged grounds of ejectments were denied. It was contended further that the plaintiff at first gave a notice on 17.12.1982 which was not withdrawn and the second notice was not, therefore, legal and valid. Upon a consideration of the evidence on record, the Learned Trial Court has decreed the suit on finding that the defendant was the defaulter and that the first notice was waived and the second notice was legal, valid and sufficient. He has, therefore, passed a decree for ejectment in favour of the plaintiff. The finding of the Trial Court with regard to waiver of the first notice and legality of the second notice was challenged before the Lower Appellate Court. The finding of the Trial Court with regard to the waiver of first notice and legality of second notice was upheld by the Lower Appellate Court and the decree for ejectment was confirmed. Being aggrieved, the defendant has preferred this second appeal.;