S.N.Mallick, J. - (1.) - The Instant second appeal has been preferred against the Judgment and decree dated 29-9-1983 passed by the learned Additional District Judge, Nadia in title appeal No.37 of 1983 reversing those dated January 21, 1983 passed by the learned Munsif, Nabadwip in Title Suit No. 65 of 1981.
(2.) The plaintiff/respondent brought the above suit against the present defendant/appellant for eviction under the provisions of the West Bengal Premises Tenancy Act on ground of default and reasonable requirement for building and re-building.
(3.) The specific case on ground of default was that the defendant/ appellant did not pay any rent from the month of Aswin 1384 B.S. to Jaistha 1388 B.S. The trial court dismissed the suit on both the grounds. The trial court's findings on the ground of default are quoted below for future reference. "Considering the chalans I find that the defendant has deposited the monthly rent from the month of Aswin, 1384 B.S. to Sraban, 1388 B.S. with the Rent Controller in time according to law and I find those deposits are valid deposits. Considering the evidence on record 1 hold that the defendant is not a defaulter. The issue is decided accordingly against the plaintiff";