Sudhanshu Sekhar Ganguly, J. - (1.) This plaintiff-appellant's appeal has been preferred from the decision of Shri B.K. Dutta, Additional District Judge, 8th Court, Alipore dated 9.3.81 in T. A. No. 229 of 1979 reversing the decision of Shri A. K. Dasgupta, Assistant District Judge, 4th Court, Alipore in T. S. No. 32 of 1974 dated 22.12.78.
(2.) Admittedly Madan Mohan Jaidka, the Respondent-Defendant No.1 (respondent henceforward) took lease of 8 cottahs and odd of land being premises No. I, Chakrabaria Road South, Police Station-Bhowanipur, District-24-Parganas at a rental of Rs. 199/- per month from Bai Hem Kaur. the mother of the appellant-plaintiff (appellant henceforward) by a registered deed dated 29.4.46 (Ext. G.). The lease commenced with effect from 1.5.46 expiring on 30.4.56 with right of renewal for live years more at the option of the respondent at the same rent. Admittedly the tenancy continued even after 30.4.56 renewed on exercise of the right of renewal by the respondent, so days the appellant. The respondent did not vacate the suit land with the expiry of the terms of the renewed lease which continued till the end of April, 1961. Meanwhile Bai Hem Kaur died in or about June, 1955. On a partition between the appellant and his co-sharers, the suit property fell to the share of the appellant exclusively.
(3.) In December, 1962 the appellant served a notice to quit upon the respondent describing him as a thika tenant and requiring him to vacate the disputed property within March, 1963. Thereafter, he filed Misc. Thika case No. 64 of 1963 in the court of the Thika Controller, Alipore for eviction of the respondent from the suit land, but subsequently this proceeding was withdrawn. Thereafter he filed the present suit for eviction of the respondent as he did not vacate the suit land inspite of service of notice to quit.;