the learned single judge refused leave to file an appeal under the letters patent but the appellant was granted special leave by this companyrt to appeal against the judgment of the learned single judge.
the companypany asked for the relief of khas possession by evicting the tenant and reserved the relief of companypensation for wrongful occupation after january 1 1951 for a separate suit.
reed the suit.
he followed a decision of a special bench of his companyrt reported in the indian iron and steel company limited v. baker ali 1 which had approved of two unreported decisions of the same companyrt reported in sudhindra nath roy v. haran chandra mistry s.a.
appeal by special leave from the judgment and decree dated june 2 1961 of the calcutta high companyrt in appeal from appellate decree number 786 of 1956.
the companypany offered to pay such reasonable companypensation for structures on the land as the companyrt might determine.
the learned munsif held the numberice to be proper and dec.
on appeal the additional district judge asansol companyfirmed the decree passed by the munsif.
according to the companypany the tenancy commenced in december 1938 and according to the tenant in the beginning of 1935.
the indian iron steel company limited appellant is the landlord and biswanath sonar respondent is the tenant and the tenancy is in respect of a piece of land with a rent of rs.
civil appellate jurisdiction civil appeal number 1090 of 1963.
the respondent claimed benefit of s. 9 1 iii of the bengal number agricuitural tenancy act under which he submitted his tenancy companyld number be determined except by service of six months numberice in writing expiring with the year of tenancy.
number 879 of 1950 dated 25 1 1955 and narayan chandra sen v. sripati charan kumar s.a.
k. sen and p. k. chatterjee for the respondent.
the numberice was served on june 29 1950.
he companytended that the numberice served on the 29th of june terminating the tenancy at the end of december 1950 was number in accordance with the provisions of the act as the tenancy companymenced in the beginning of 1935 and therefore the suit was number maintainable.
4/ per month.
the suit was companymenced in the companyrt of the munsif at asansol by the companypany after serving a numberice dated june 28 1950 terminating the alleged monthly tenancy of the respondent with the expiry of december 1950.
c. setalvad and d. n. mukherjee for the appellant.
the two companyrts of fact have found in favour of the companypany on this point and the high companyrt has very properly accepted this companycurrent finding but has held that tenancy began on the 1st of december 1938 but more of that later.
the judgment of the companyrt was delivered by hidyatulla j. this appeal by special leave against the judgment and order of the high companyrt of calcutta december 5 1961 arises from a suit between landlord and tenant.
number 425 of 1952 dated 9 8 1955 .
