Mrityunjoy Sett(D) By Lrs vs Jadunath Basak (D) By Lrs

The Supreme Court held that the Notice of eviction served under Section 13(6) of the West Bengal Premises Tenancy Act, 1956 was invalid as it did not provide the respondent with one month's clear notice for vacating the premises, which is a prerequisite under the Act. The Court emphasized that the tenancy was governed by the Bengali calendar month, contrary to the appellant's assertion of the English calendar month. Consequently, the Court upheld the trial court's dismissal of the ejectment suit on the grounds of defective notice, despite acknowledging the appellant's bona fide need for the premises.