Sachindra Kumar Bhattacharyya, J. - (1.) This appeal by the plaintiff landlord is directed against the judgment and decree passed by the Chief Judge, City Civil Court Calcutta, dismissing the plaintiff's suit for eviction of the tenant defendant.
(2.) Facts of the case may briefly be stated : The defendant-respondent was admittedly a tenant under the plaintiff in respect of Flat No.519 of Premises No. 25A, Park Street, Calcutta, known as "Karnani Mansions" at a rental of Rs. 250/- per month payable according to English Calendar. The plaintiff alleged that the defendant in violation of the agreement, without the previous consent of the plaintiff sublet or otherwise transferred the said premises to some other persons and also defaulted in the matter of payment of rent since July 1962 and accordingly the plaintiff cause a notice to quit to be served on the defendant on September 21,1962 terminating the tenancy of the defendant. Inspite of the said notice, the defendant failed or neglected to comply and the plaintiff instituted the suit for eviction on January 14, 1963. The defendant contested the suit, inter alia, denying the default and also the alleged sub-letting and/or transfer of the tenancy right of the defendant in the demised premises to other persons. The service of notice was not disputed by the defendant.
(3.) The learned Chief Judge who tried the case found that the defendant was not a defaulter and further held that the story of sub-letting has not been substantiated. On that finding, the learned Judge dismissed the suit. The notice to quit was, however, found to be legally valid and reasonably sufficient to terminate the tenancy of the defendant. Hence this appeal by the plaintiff.;