- (1.) The First Miscellaneous Appeal is directed against a judgment and decree dated 31st March, 1984, passed by the learned Additional District Judge, 5th Court Alipore, 24 Parganas, in Title Appeal No.897 of 1983, reversing those, dated 13.9.83, passed by the learned Munsif, 4th Court, Alipore, in Title Suit No.386 of 1980. By the said judgment and decree the learned Additional District Judge remanded the case to the learned Munsif for retrial on all issues except issue Nos.3 and 4, which were as follows:- 'Issue No.3 is the notice to quit, legal, valid and properly served'. 'Issue No.4 is the defendant a defaulter'. The tenant is the appellant before this Court.
(2.) Shortly put, the relevant facts are that the plaintiff is the owner of the suit premises where the defendant was a tenant at a monthly rental of Rs.150/-. As the plaintiff required the suit premises for her own use and for the use of the persons for whose benefits the premises had been held, by a notice, dated 25.7.80, the defendant's tenancy had been determined with effect from 1st of October, 1980. Since the defendant did not vacate, in spite of service of such notice, the aforesaid suit had been instituted.
(3.) The said suit was contested by the defendant by filling a written statement and denying all material allegations in the plaint. It was contended, inter alia, on behalf of the defendant that the suit having been instituted on the basis of a notice to quite, which was preceded by another notice to quit, the suit was not maintainable.;