Supreme Court of India · 2011-04-26
MRITYUNJOY SETT(D) BY LRS. vs JADUNATH BASAK (D) BY LRS.
- Citation / case number
- SC 2006/11061
- Court
- Supreme Court of India
- Petitioner
- MRITYUNJOY SETT(D) BY LRS.
- Respondent
- JADUNATH BASAK (D) BY LRS.
- Author
- Deepak Verma
- Bench
- DALVEER BHANDARI,DEEPAK VERMA, , ,
Judgment text excerpt
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. The Court emphasized that the tenancy was governed by the Bengali calendar month, contrary to the appellant's assertion of an English calendar month. Consequently, the Court upheld the lower court's decision that the eviction suit was not maintainable due to the improper notice, thereby dismissing the appeal.