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Judgment
P.N. Mookerjee, A.C.J.
These two appeals are by the tenants-Defendants and they arise out of two suits for eviction, instituted by the Plaintiff-Respondent as landlord, on the ground of reasonable requirement of the disputed premises for his own use and occupation.
The suits have been decreed by the learned trial Judge. Hence, these appeals by the Defendants.
For our present purpose, it is not necessary to go into any question other than the question of validity of the notices on which the instant suits were brought. The two notices are printed at pp. 2 and 3 of pt. II of the paper-book of First Appeal No. 27 of 1961. These* notices are plainly notices to quit, pure and simple. They are, by no stretch of imagination, notices of suit. It is true that the notices were lawyer''s notices, but that fact alone would not make them notices of suit. As again no ground for eviction is mentioned in the said notices the instant cases would be distinguishable from the recent Full Bench decision of this Court in Full Bench Reference No. 1 of 1966 - Abdul Gani Vs. Md. Israil and Others, . Thus rendering unnecessary further examination of the said decision.
In the above view, we allow these appeals, set aside the decrees for ejectment passed in the connected ejectment suits, and dismiss the said suits on the ground of want of valid notice of suit.
There will be no order for costs in any Court.
Banerjee, J.
I agree.