SHIBANI BASU Vs. SANDIP RAY

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is directed against a judgment and order dated 16th September, 2009 passed by a Single Judge of the High Court of Calcutta whereby Second Appeal No. 29 of 2006 filed by the appellant herein has been dismissed and the judgment and order passed by the First Appellate Court dismissing the suit for eviction filed by the appellant affirmed.

(3.) The plaintiff-appellant herein filed a suit for eviction and recovery of possession and mesne profits against the respondent. The plaintiff alleged that the suit property comprising two rooms with an attached verandah consisting of kitchen space situate on the ground floor of No. 6-A Chandibari Street, Calcutta was let out to the respondent on month to month basis. The tenancy was, according to the plaintiff, for a period of five years only and was determined in terms of a notice dated 14th January, 2000 issued under Section 13(6) of the West Bengal Premises Tenancy Act and Section 106 of the Transfer of Property Act. The plaintiff further alleged that the defendant-respondent was in default of the payment of rent since the month of November 1995. The respondent was also accused of committing nuisance and constructing a pucca wall of permanent nature without her consent. The plaintiff claimed eviction of the respondent-tenant on the above grounds and on the ground of reasonable personal requirement of the plaintiff and her family members who did not have any alternative accommodation for them. The eviction of the respondent was also sought on the ground that the suit premises was required for rebuilding.