KARTICK CHANDRA DAS Vs. KALIPADA KUNDU

JUDGEMENT

(1.) This is a tenant's appeal arising out of a suit of eviction.

(2.) The plaintiff-landlord, who is the respondent before us sought the eviction of the defendant-appellant, a tenant in respect of premises consisting of two rooms in a building which included three other rooms in which the respondent resided with his mother, alleging that the Calcutta Corporation had condemned the two rooms tenanted by the appellant and had required the respondent to demolish part of them and to repair the rest. It was also alleged that the respondent intended to marry and wanted the premises occupied by the appellant for himself after demolishing the existing rooms and rebuilding the structure. He had obtained the sanction of the Calcutta Corporation and had put by necessary funds for that purpose. The suit was resisted by the appellant, who pleaded that the premises did not require demolition and reconstruction and that the existing accommodation occupied by the respondent was sufficient for him and his mother, and there was no prospect of the respondent entering into matrimony.

(3.) The Trial Court held in favour of the respondent and decreed the suit.