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TMI Blog2010 (11) TMI 1109X X X X Extracts X X X X X X X X Extracts X X X X ..... rs only and was determined in terms of a notice dated 14th January, 2000 issued under Section 13(6) of the West Bengal Premises Tenancy Act and Section 106 of the Transfer of Property Act. The plaintiff further alleged that the defendant-respondent was in default of the payment of rent since the month of November 1995. The respondent was also accused of committing nuisance and constructing a pucca wall of permanent nature without her consent. The plaintiff claimed eviction of the respondent- tenant on the above grounds and on the ground of reasonable personal requirement of the plaintiff and her family members who did not have any alternative accommodation for them. The eviction of the respondent was also sought on the ground that the suit premises was required for rebuilding. 4. The suit was contested by the defendant-respondent who filed a written statement in which the material averments made by the plaintiff were dealt with. What is significant is that the defendant-respondent admitted that he was inducted by the plaintiff in the suit premises in terms of an agreement of tenancy and that he was holding the premises as a month to month tenant not only in respect of the attach ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the English Calendar month without any electricity for a period of five years only. That assertion was made ostensibly because of Clause 3 of the Agreement of Tenancy which is in the following terms: 3. That the monthly rent in respect of the aforesaid tenancy has been fixed at ₹ 500/- (Rupees five hundred) payable by the Second Party to the Landlady/First Party within the 15th day of next month according to the English Calendar. 7. Since, however, the Agreement of Tenancy was unregistered though the same was compulsorily registerable we cannot make much use of the above stipulation. The question regarding validity of the notice of termination can nevertheless be examined by reference to the averments made in the pleadings of the parties. Paras 1 and 2 of the plaint are in this regard relevant and may be extracted: 1. That the Plaintiff is the owner and Land-Lady of the premises No.6A, Chandi Bari Street, Police Station Burtolla, Calcutta 700006. 2. That the Defendant is a monthly tenant under the Plaintiff in respect of two rooms, with attached verandah consisting of kitchen space along with common user of bath room and privy on the Ground Floor at premises No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relation between the Plaintiff and the said Purnima Roy, the Plaintiff has been residing at 3, Parry Mohan Sur Lane, Calcutta, which is situated near the suit building, she has no personal need of the aid bath and privy. 9. Then comes the averment made by the plaintiff- appellant in para 3 of the plaint in which the plaintiff asserted that the tenancy of the defendant had been duly determined by service of a composite notice issued under Section 13(6) of the West Bengal Premises Tenancy Act and Section 106 of the Transfer of Property Act asking the defendant to vacate and deliver the possession of the suit premises before the expiry of the month of February 2000. The reply to the said averment is found in para 6 of the written statement where the defendant has dealt with paras 3, 4 and 5 of the plaint together in the following words: 6. That with reference to the allegations made in paragraph 3, 4 and 5 of the plaint the defendant denies the same. The defendant specifically denies that the tenancy of the defendant has duly been determined by the ejectment notice dated 14.1.2000 or any such notice. So far as knowledge and the memory of the defendant never received the eject ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 15th January, 2000. The Trial Court further held that the ejectment notice having been served on 15th January, 2000, the defendant had one month's clear time till the end of February, 2000 to vacate the premises and to deliver the possession thereof to the plaintiff. Issue no.6 was accordingly answered in favour of the plaintiff and against the defendant-respondent. The First Appellate Court, however, took a contrary view. It held that the notice of termination of tenancy was not valid as it did not end with the month of tenancy of the defendant. Relying upon the stipulation contained in the tenancy agreement the First Appellate Court held that the tenancy in the instant case had started on the 11th day of the English Calendar month and that in order to be legally valid the notice of termination ought to have demanded delivery of possession by the 11th and not the 29th February, 2000. The notice was accordingly held to be invalid and the suit filed by the appellant liable to be dismissed. In taking that view Appellate Court failed to appreciate that even when the unregistered agreement of tenancy had been executed on 11th of September, 1993 the same did not mean that the mont ..... X X X X Extracts X X X X X X X X Extracts X X X X
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