- (1.) THIS appeal is by the tenant and it arises out of a suit for ejectment, brought under the West bengal Premises Tenancy Act, 1956, after service of the necessary notice of ejectment on the ground of default in payment of rent.
(2.) THE plaintiff's case was that the defendant was a monthly tenant at a monthly rental of Rs. 86. 20 paise, inclusive of taxes, according to the English calendar. The plaintiff's further allegation was that the tenant defendant was a defaulter- for more than four months, namely, from January 1959. The suit was instituted on August 5, 1959.
(3.) THE defence was that the tenancy in suit was a quarterly tenancy, of which the rent was payable in advance. The defence further was that the tenant was not a defaulter and, accordingly, the plaintiff was not entitled to a decree for ejectment.;