Kolkata Court April 1953 Judgments

Mrs. A. Cacacie Vs. S. Safdar Ali

Court: Kolkata

Reported in: AIR1953Cal585,57CWN567

Guha, J.1. This appeal by the tenant defendant arises out of a suit for ejectment and recovery of mesne profits instituted lay the plaintiff-respondent. The facts are briefly as follows:2. The defendant was a tenant under the plaintiff in respect of one flat on the ground floor of premises No. 11, Lower Range, Park Circus, Calcutta, the flat being known as Suite No. 3 and 3A. On August 15, 1950, the defendant sent a notice, Ex. 2, to the landlord to quit which was to expire on. 31-8-1950. The notice was in these terms: 'Dear Mr. All, As I am vacating your premises, suite 3, No. 11 Lower Range, on the 31st instant, please accept.15 days' notice. Thanking you, etc.' 3. On the next day, that is, 16-8-1950, the plaintiff landlord communicated his acceptance of the notice.4. On 29-8-1950, the defendant sent a letter, Ex. A, of withdrawal of the notice (Ex. 2). This however, was not accepted by the landlord and was returned to the defendant who sent it again under registered post. The regis...