J. Bhattacharya, J. - (1.) This Second Appeal is directed against the judgment and decree dated 17th September, 1985 passed by the learned Additional District Judge, 9th Court at Alipore in T.A. No. 398 of 1984, affirming the judgment and decree dated 29th March, 1984 passed by the learned Munsif, 1st Additional Court at Alipore in T.S. No. 52 of 1983, at the instance of the defendant/appellant.
(2.) A suit for eviction was filed by the plaintiff/respondent herein for eviction of the defendant/appellant from the suit premises on the ground of default in payment of rent since November, 1972. A notice to quit dated 24th November, 1976 was served upon the defendant/appellant requesting him to vacate the suit premises on the expiry of the month of December, 1976 as he committed default in payment of rent since November, 1972. The said notice was duly served upon the defendant/appellant on 28th November, 1976, but since the defendant/appellant failed and/or refused to deliver vacant and peaceful possession of the suit premises to the plaintiff/respondent, the plaintiff/respondent filed the aforesaid suit for eviction against the defendant/appellant.
(3.) The defendant/appellant filed a written statement in the said suit by denying the allegations made out by the plaintiff in the plaint of the said suit.;