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BepIn Behary Chakrabutty and ors. Vs. Sib Charan Chakrabarty - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in43Ind.Cas.801
AppellantBepIn Behary Chakrabutty and ors.
RespondentSib Charan Chakrabarty
Excerpt:
bengal tenancy act (viii b.c. of 1885), section 155 - notice, sufficiency of. - .....that section was defective. the defect alleged was that the notice did not require the tenant to remedy the misuse complained of. the decision of the munsif proceeded on the ground that in the notice itself there was an admission that the misuse was in fact capable of remedy. on appeal the learned subordinate judge took the view that in fact in the notice there was no such admission and that the plaintiff in giving his notice proceeded on the view that the misuse was in fact incapable of remedy. we agree with the learned subordinate judge in the view he has taken of the' notice, and that being so, it is clear that the notice was sufficient, and that the subordinate judge's order in remanding the case for trial on the merits was a proper one. this appeal is accordingly dismissed. costs.....
Judgment:

1. This is an appeal against an order of remand made by the Subordinate Judge of Jessore. The suit, it appears, was one brought under the provisions of Section 155 of the Bengal Tenancy Act. It was dismissed by the Trial Court on the ground that the notice served under that section was defective. The defect alleged was that the notice did not require the tenant to remedy the misuse complained of. The decision of the Munsif proceeded on the ground that in the notice itself there was an admission that the misuse was in fact capable of remedy. On appeal the learned Subordinate Judge took the view that in fact in the notice there was no such admission and that the plaintiff in giving his notice proceeded on the view that the misuse was in fact incapable of remedy. We agree with the learned Subordinate Judge in the view he has taken of the' notice, and that being so, it is clear that the notice was sufficient, and that the Subordinate Judge's order in remanding the case for trial on the merits was a proper one. This appeal is accordingly dismissed. Costs will abide the result. We assess the hearing fee at two gold mohurs.


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