P.N. Mookerjee, J. - (1.) This Rule was obtained by the Petitioner firm, which was the Defendant in the instant proceeding before the Small Cause Court, Calcutta. The proceeding was brought by the Plaintiff firm in the shape of a suit for ejectment under Sec. 41 (chap. VII) of the Presidency Small Cause Courts Act. The ejectment was sought for in respect of godown No. D -32, Jagannath Ghat Warehouse, Lohapatti. The Plaintiff's case was that the Defendant was the tenant under the Plaintiff for the said premises at a monthly rent of Rs. 48 -1 -0 payable according to the Bengali calendar month; that the disputed premises belonged to the Commissioners for the Port of Calcutta; that the Defendant's tenancy had been duly determined by an appropriate notice, dated Jaistha 4, 1354 B.S asking the Defendant to vacate on the expiry of the last date of Jaistha, 1354 B.S., but the Defendant not having complied with the said notice the instant suit or proceeding was brought.
(2.) The suit was contested by the Defendant and on its behalf the following points, inter alia, were urged; that the Plaintiff had failed to prove that the notice to quit had actually been served on the Defendant; that the Plaintiff had waived notice by accepting rent after the expiry of the same; that the disputed premises were not excluded from the provisions of the West Bengal Premises Tenancy Act, 1956, and accordingly the Defendant was entitled to protection under the Act and, no ground under the said Act for depriving the Defendant of that protection having been pleaded, the Plaintiff should be non -suited.
(3.) On the question of service of the notice to quit the Court below has come to a positive finding that it was duly served. That finding has to be accepted in this Revision.;