ANAMIKA ROY Vs. JATINDRA CHOWRASIYA

JUDGEMENT

(1.) Leave granted.

(2.) Aggrieved by the judgment dated 10.2.2011 passed by learned Single Judge of the Calcutta High Court in S.A. No.342 of 2007, whereby the second appeal filed by the defendant-respondents was allowed, the judgments and decrees of the courts below were set aside and the matter was remitted to the trial court after expressing the view that considering the provisions of Section 13(4) of the West Bengal Premises Tenancy Act, 1956 it is a duty cast upon the Court to consider whether the requirement of the plaintiff could be satisfied by evicting the defendant from a part only of the suit property, plaintiff-appellant has preferred this appeal by special leave under Article 136 of the Constitution of India. The trial court and the first appellate court had passed decree for eviction against the defendant/tenant in respect of the entire suit premises in question.

(3.) The litigation between the parties started on the filing of Title Suit No.66 of 1993 by the plaintiff in the Court of 4th Civil Judge (Senior Division) at Alipore, District 24 Parganas (South) for eviction and recovery of khas possession of the suit premises against the original defendant/tenant Lalji Chowrasia (predecessor of the respondents) and for mesne profits and compensation for damages to the suit property. The suit property happens to be a portion of the ground floor flat consisting of three bed rooms with attached three bathrooms with modern fittings, sanitary privy, one store room, one kitchen, one dining room and one covered verandah in the front portion with grill in the premises No.128/15, Hazra Road, Kolkata.