A.C. Sen, J. - (1.) The present second appeal is directed against the judgment and decree dated May 25, 1962, passed by the Subordinate Judge in Title Appeal No. 1612 -of 1961 in the Tenth Court of the Subordinate Judge, Alipore, affirming the judgment and decree passed on September 30, 1961, by the Munsif in Title Suit No. 239 of 1960 in the Court of the First Additional Munsif at Alipore. The appeal arises out of a suit for ejectment under the West Bengal Premises Tenancy Act and the Plaintiff landlord is the Appellant before us, the suit having been dismissed by both the Courts below.
(2.) The facts of the case are as follows: The Plaintiff is a private limited company. The Plaintiff's case is that the Defendant Was allowed to occupy the suit premises as an employee of the Plaintiff and that the Defendant agreed to vacate the suit premises within the fifteen days of his being relieved from the service of the Plaintiff. According to the Plaintiff, though the Defendant voluntarily resigned from his service on September 7, 1950, he refused to vacate the suit premises in violation of the aforesaid agreement. The Plaintiff has asserted in the plaint that the suit premises are also reasonably required by the Plaintiff company for the accommodation of other employees. The present suit has been instituted as the Defendant continued in occupation of the suit premises in spite of the notice to quit containing a threat of suit served upon the Defendant asking the Defendant to vacate the suit premises with the expiry of the month of March 1960.
(3.) The Defendant has stated in the written statement that he holds the suit premises in his individual capacity and not as an employee of the Plaintiff company, that the agreement referred to in the plaint was obtained by undue influence, fraud and misrepresentation, that the Plaintiff company has no reasonable requirement of the suit premises of the accommodation of other employees and that no notice to quit was ever served upon him.;