Lahiri, J. - (1.) The suit out of which this appeal arises was one for the ejectment of the defendant appellant from a portion of the ground floor of premises No. P21 Mission Row Extension, now renumbered as No. 7 Ganesh Chandra Avenue. The tenancy of the defendant consists of a hall and a bathroom with a privy on the ground floor of the aforesaid premises which at its inception bore a monthly rent of Rs. 225/- but which was subsequently increased to Rs. 284/10as.
(2.) The plaintiff's case is that the defendant was a monthly tenant whose tenancy ran according to English Calendar month and that the plaintiff had determined the tenancy by service of a notice to quit requiring the defendant to vacate the premises on the expiry of the month of July, 1952, but as the defendant had failed to vacate according to the terms of the notice the plaintiff instituted the present suit. The plaintiff's case further is that as he reasonably requires the premises for his own use for establishing a printing press, the defendant is not entitled to the protection of the West Bengal Premises Rent Control (Temporary Provisions) Act of 1950. The defendant contested the suit 'inter alia' on the ground that the tenancy had not been validly determined, because the tenancy did not run according to English Calendar month, but from the 25th of one month to the 24th of the following month and also on the ground that the plaintiff did not reasonably require the premises for his own use and occupation. The other points raised by the defendant are not material for the purpose of this appeal and they have not been pressed before us.
(3.) Both the Courts below have overruled the defence and decreed the suit in favour of the plaintiff and against the concurrent decrees the defendant has brought this second appeal.;