Salil Kumar Datta, J. - (1.) This is an appeal by the plaintiff from a judgment of affirmance. The plaintiff appellant instituted the suit on Dec. 14, 1965 for recovery of possession of the suit premises being the first floor and a portion of the ground floor and a tiled shed of premises No. 3/1A, Mahendra Road. Calcutta which the defendant respondent held as a monthly tenant under him at a monthly rent of Rs. 110/- according to English Calendar, The material allegations were that file defendant who was inducted in the suit premises prior to 1954 agreed by a letter in writing dated Sept. 12, 1962 to deliver vacant possession thereof on the expiry of three years from the date. The said letter written by the defendant by his own hand, is as follows :-- " Sri G. B. Roy, LL. B., Advocate, 16A, Nandan Road, Calcutta-25. Dear Sir, Re: Portion of 3/1A, Mahendra Road, Calcutta-25 occupied by me as a tenant. I understand from Sri Jitendra Nath Mukherjee that you require vacancy of your house as aforesaid and you will be happy if I vacate it on the expiry of three years from date. As a gesture of good relation with you, 1 shall accordingly act. 3/1A, Mahendra Road., Calcutta-25. 12th September, 1962. Yours faithfully, Hamesh Chandra Das",
(2.) The plaintiff sent a letter on July 31, 1965 to the defendant reminding him about the said agreement, which, it appears, was duly received but no reply was given. The defendant failed to deliver possession of the premises as aforesaid and was also guilty of acts of waste in the meantime in respect of the premises acting contrary to provisions of Clause (m) of Section 108 of the T. P. Act, 1882.
(3.) The plaintiff served a notice to quit dated Oct. 6, 1965 directing the defendant to deliver vacant possession of the premises with the expiry of the month of Nov. 1965-This notice, as it reads, was one under Section 13 (6) of the West Bengal Premises Tenancy Act, 1956 as also under Section 106 of the T. P. Act, 1882 and thereafter the suit was filed as stated above.;