- (1.) THIS second appeal is directed against the judgment and decree dated 10th March, 2004 passed by the learned additional District Judge, 13th Court at Alipore in Title Appeal No. 78 of 2003 reversing the judgment and decree dated 3rd April, 2003 passed by the learned Civil Judge (Senior Division), 9th Court at Alipore in Title Suit No. 21 of 2001 at the instance of defendant/. appellant.
(2.) THIS appeal was admitted for hearing on 19th July, 2004 by the Division bench of this Hon'ble Court. While admitting this appeal, the following substantial question of law was formulated by the Division Bench of this hon'ble Court : "whether the learned Judge in the lower Appellate Court substantially erred in law in holding that the notice given by the defendant/appellant is quite legal and it is implied that the appellant will surrender the tenancy of the suit premises and hand over the vacant and khas possession in favour of the plaintiff/respondent inasmuch as the learned Judge failed to consider the scope of the said letter and erroneously held that the same can be considered as a notice under section 13 (j) of the West Bengal premises Tenancy Act ?"
(3.) LET me now consider the merit of the instant appeal with reference to the substantial question of law formulated by the Division Bench of this hon'ble Court as aforesaid, in the facts of the instant case.;