MIRA DE Vs. MAHENDRA NATH BISWAS

JUDGEMENT

(1.) This appeal by the plaintiff landlord is directed against the judgment and decree dated 27.1.95 passed by Shri B. K. Dutta, Judge of the fourth Bench, City Civil Court, Calcutta in Ejectment Suit No. 297 of 1988. The tenant defendant appeared and contested this appeal.

(2.) Briefly stated the plaint case is that the plaintiff is the absolute owner of the premises No. 10A, Nilmani Dutta Lane, Calcutta-12 and the defendant was a tenant under her in respect of the entire first floor in the said premises at a monthly rental of Rs. 160/- payable according to English colander month, that as the plaintiff requires the suit premises reasonably for her own use and occupation and she has no other reasonably suitable accommodation elsewhere and as the defendant was a defaulter in payment of rent since September, 1987 and also the defendant was guilty of annoyance, nuisance and misconduct, the tenancy was determined on the basis of a notice of ejectment duly served on the defendant but the defendant having failed to comply with the directions in the notice and did not vacate the premises on the expiry of the period of notice, the suit was filed praying for eviction of the defendant from the suit premises and also for other reliefs.

(3.) The defendants appeared and contested the suit after filing a written statement denying all the material allegations made in the plaint and it is specifically agitated that the plaintiff is not the full owner of the suit premises, that the defendants were joint tenants in respect of the suit premises along with another room at 10B, Nilmani Dutta Lane at a monthly rental of Rs. 170/-, that they are not defaulter in payment of monthly rent and that they were not guilty of annoyance, nuisance and misconduct and that the plaintiff landlord does not require the suit premises reasonably as the existing accommodation is sufficient to accommodate her family. Accordingly, a prayer was made for dismissal of the suit.