Appeal by special leave from the judgment and order dated August 17, 1959 of the Calcutta High Court in Civil Rule No.
The defendant, inter alia, Pleaded that relying on the representation and assurance of the plaintiff that three bed rooms, two bath rooms etc.
274 of 1958.
17 at promises No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Judgment of the Court was.
Stephen Court Limited, respondent before us, hereinafter referred to as the plaintiff, filed a suit in the Court of Small Causes, Calcutta, for the recovery of rent from September 1956 to November,1956, at the rate of Rs.
Sarjoo Prasad and S. C. Mazumdar, for the respondent.
350/ per mensem, and interest, against the appellant, hereinafter referred to as the defendant, alleging that the defendant was a monthly tenant by virtue of a lease dated April 30, 1956, under the plaintiff, in respect of flat No.
18A, Park Street, known as Stephen Court in the town of Calcutta, and that the defendant had number paid the rent from September to November, 1956.
661 of 1963.
C. Chatterjee and Sukumar Ghose, for the appellant.
delivered by Sikri J. This appeal by special leave is directed against the judgment of the High Court of Calcutta in an application under s. 115 of the Code of Civil Procedure and under art.
227 of the Constitution filed by the tenant, Shri Surendra Nath Bibra, number appellant before us.
