Bhattacharya, J. - (1.) This first appeal is at the instance of a tenant/defendant in a suit for eviction and is directed against the judgment and decree dated June 25,1989 passed by the learned Judge, 7th Brach, City Civil Court, Calcutta in Title Suit No. 1379 of 1980 thereby passing a decree for eviction in favour of the respondents.
(2.) There is no dispute that there was a registered deed of lease dated June 19, 1959 for a period of 21 years. On the expiry of the said period of 21 years, the aforesaid Title Suit was filed by the respondents for eviction on the ground of efflux of 21 years.
(3.) The aforesaid suit was contested by the appellant by filing written statement thereby denying the material allegations made in the plaint and the defence of the appellant was that the tenancy is governed by the provisions contained in West Bengal Premises Tenancy Act and as such in the absence of any notice under Section 13(6) of the aforesaid Act and in the absence of any ground mentioned in Section 13(1) thereby the suit was not maintainable.;