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Tamasha Bibi Vs. Mathura Nath Bhowmik and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil;Property
CourtKolkata
Decided On
Judge
Reported in(1901)ILR28Cal590
AppellantTamasha Bibi
RespondentMathura Nath Bhowmik and ors.
Excerpt:
notice to quit, service of - suit for ejectment against more than one tenant--bengal tenancy act (viii of 1685), section 49, ch. i, rule 3. - .....complied with, and the provision that personal service shall be effected in the manner prescribed for service of summons on a defendant under the code of civil procedure does not apply to the case: that only applies to the case where the notice is addressed to a single person, that being so, the whole suit fails, and the appeal must be allowed with costs, in all the courts.banerjee, j.2. i am of the same opinion.
Judgment:

Maclean, C.J.

1. This appeal must succeed upon the ground that no sufficient notice was served upon the defendants. There is only one appellant, but there were four defendants. It appears from the statement in the judgment of the lower Court that notice was served personally upon the appellant, but, if the notice was addressed, as it was in this case, to four defendants, then it seems to me that Rule 3 of Chapter I of the Rules made by the Bengal Government, dated the 21st December 1885, has not been complied with, and the provision that personal service shall be effected in the manner prescribed for service of summons on a defendant under the Code of Civil Procedure does not apply to the case: that only applies to the case where the notice is addressed to a single person, That being so, the whole suit fails, and the appeal must be allowed with costs, in all the Courts.

Banerjee, J.

2. I am of the same opinion.


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