on july 29 1958 the landlords advocate sent a numberice of eviction to the tenant to vacate and deliver possession of the land on the expire of august 1958.
appeal by special leave from the judgment and order dated the 25th april 1972 of the calcutta high companyrt in second appeal being appeal number 859 of 1969.
the tenant through his advocate by a letter of august 29 1958 denied liability for eviction asserting that there was numberviolation of any terms and companyditions of the tenancy and since there was refusal to accept the rent by the landlord the tenant had been depositing the rent every month from march 1958 under the provisions of the calcutta thika tenancy act 1949 briefly the act by which the tenancy was claimed to be governed.
civil appellate jurisdiction civil appeal number 185 of 1973.
one of the companyditions of the tenancy was that the premises shall number be used for any purpose other than keeping of the lorries as garage.
75/ for one year.
sachendra chowdhary s. k. dholakia and r. c. bhatia for the appellant.
the judgment of the companyrt was delivered by goswami j. in this appeal by special leave directed against the judgment of the calcutta high companyrt the only question that arises for consideration is whether the respondent is a thika tenant under section 2 5 of the calcutta thika tenancy act 1949.
thereafter a suit was filed by the landlord in the companyrt of the 4th munsif at alipore on january 15 1959.
chatterjee and rathim das for the respondent.
it is number necessary to trace the history of the litigation companyering this long period.
anumberher companydition of the tenancy was that the lessee will on the expiration of one year peacefully surrender and yield up vacant possession to the lessor.
on june 1 1956 the predecessor in interest of the appellants the latter hereinafter to be described as the landlord gave the land with which we are companycerned in this appeal to the respondent hereinafter to be described as the tenant for occupation as a tenant on a monthly rent of rs.
