- (1.) THIS appeal is directed against the judgment and decree passed by the Subordinate Judge, 1st Court, Hooghly on 20th May, 1971 affirming the judgment and decree of the Munsif, 2nd Court, Serampore dated 30th march, 1970.
(2.) FOLLOWING are the facts : - "the defendant is a non-agricultural under-tenant in the suit property at a monthly rental of Rs. 10/ -. The defendant took the settlement in Jaistha, 1369 B. S. and the year of tenancy is from 1st Jaistha upto the last day of the month of Baisakh every year. As the defendant under-tenant defaulted in paying rent and as the plaintiff required the suit property for her own use and occupation, a notice to quit was served on the defendant who accepted the notice by signing the postal acknowledgement on 8. 8. 68 corresponding to 2 3rd Sravan, 1375 B. S. By the notice the defendant was asked to quit and vacate on the expiry of the last day of the month of Baisakh, 1 376 B. S. As the defendant did not quit and vacate, the suit for eviction and for arrears of rent and mean profit against the defendant was filed by the plaintiff.
(3.) THE defendant challenged the legality and validity of the notice contending that the year of tenancy was from 4th jaistha of the Bengali year to 3rd Jaistha of the following bengali year. It was also contended that one Subodh Kumar ghosh was the real tenant and he was merely a name lender.;