SHYAMAL KUMAR SEN, J. - (1.) THIS appeal is against the judgment of reversal passed by the learned Additional District Judge, 13th Court, Alipore whereby the judgment and decree for eviction passed by the learned Munsif, 2nd Court, Alipore was set aside.
(2.) THE defendant was a monthly tenant under the plaintiffs in respect of the suit premises at a monthly rental of Rs. 60/- payable according to the English calendar month. The defendant was a habitual defaulter and he actually defaulted in payment of rent to the plaintiffs from the month of June, 1967. Accordingly, the defendant's tenancy in the suit premises was determined by a notice to quit duly served upon the defendant on 25.7.73 whereby the defendant was asked to vacate the suit premises and deliver vacant possession thereof to the plaintiffs on and from 1.9.73. The suit was filed for his eviction as he did not quit the suit premises despite receipt of the notice. The defendant contested the suit by filing a written statement. He denied the relationship of landlord and tenant between the plaintiffs and himself in respect of the suit premises and his positive case was that the was a tenant under Sachinandan Dey and Bishambhar Dey being the brother of the plaintiffs. The defendant admitted non-payment of rents since June, 1967 but according to him the plaintiffs have no locus standi not being his landlords to file the instant suit for his eviction.
(3.) UPON consideration of the evidence on record the learned Munsif decreed the suit in full holding inter alia that the defendant was a monthly tenant under the plaintiffs and such tenancy was legally determined by a notice to quit on the ground of default in payment of rent to the plaintiffs.;