J.N.HORE, J. - (1.) THIS appeal arises out of a suit instituted by the plaintiff-respondent for ejectment of the defendant-appellant from the disputed premises and for recovery of arrears of rent and for damages.
(2.) THE plaintiff's case was that the defendant was a monthly tenant in respect of the suit premises at a rental of Rs. 40/- per month payable according to English Calendar month. The defendant defaulted in payment of rent since October 1968. The defendant made additions in the suit premises by fixing a wooden partition and constructing a pucca partition in the suit premises without knowledge and consent of the landlord. A combined notice under Section 106 of the Transfer of Property Act and Section 13(6) of the West Bengal Premises Tenancy Act was served on the defendant. The defendant contested the suit by filing a written statement contending, inter alia, that he was not a defaulter as alleged and that he had deposited rent since January to April, 1969 with the Rent Controller and filed a petition under Section 17(2A) of the West Bengal Premises Tenancy Act in respect of the arrears of rent from October, 1968 to December, 1968. It was alleged that the defendant constructed a wooden partition for the sake of convenience and security and for facility of his business long ago with the knowledge and consent of the plaintiff-landlord. It was denied that he made any pucca construction in the suit premises as alleged. The legality, validity and sufficiency of the notice was challenged.
(3.) THE learned Munsif found that the notice to quit and to sue was served upon the defendant and it was legal, valid and sufficient. He further found that the defendant complied with the provisions of Section 17 and as such no decree for ejectment could be passed on the ground of default. He, however, found that the defendant made additions and alterations in the suit premises without the consent for the plaintiff-landlord and was therefore liable to evicted Section 13(1)(b) of the West Bengal Premises Tenancy Act and as such he passed a decree in favour of the plaintiff.;