MAHENDRA KUMAR PAREEK Vs. R M BISWAS

JUDGEMENT

(1.) -This second appeal is directed against the judgment and decree dated 31.3.97 passed by Shri M. M. Sur, Additional District Judge, tenth Court at Alipore in Title Appeal No. 231 of 1996 by which the judgment and decree dated 31.5.96 passed by Smt. C. Vora, Munsif of the second Court at Alipore in Title Suit No. 195 of 1996 was confirmed.

(2.) At the time of admission hearing before a Divisional Bench of this Court on 3.9.97, the following substantial question of law was formulated :

(3.) Briefly stated the plaint case is that the plaintiff is the owner of a twostoreyed building on premises No. 29/2, S. N. Roy Road, Behala, Calcutta and he is in occupation of the first floor. The defendant was inducted as a tenant in the year 1975 in respect of the entire ground floor consisting of three bed rooms, one kitchen, one bath-room and two privies at a monthly rental of Rs. 475/-, which was enhanced from April 1980 to Rs. 575/-, payable according to the English Calendar month. On the basis of a lawyer's notice dated 1.8.90, the tenancy was determined with the expiry of the month of September, 1990 and the defendant was directed to quit the suit premises mainly on the ground that the plaintiff requires the suit premises reasonably for his own use and occupation with the members of his family as he has no suitable accommodation elsewhere. Moreover, the defendant is guilty of nuisance and annoyance and also doing acts contrary to the provisions of clauses (m), (o), (p) of section 108 of the Transfer of Property Act. In spite of service of the notice upon the defendant on 4.8.90, the premises having not been vacated, the suit was filed on 24.10.90 praying for recovery of khas possession of the suit premises by evicting the defendant there from, for mesne profits, costs etc. Initially the suit was numbered as Title Suit No. 438 of 1990 before the fifth Court of Munsif at Alipore and subsequently on its transfer to second Court of Munsif at Alipore, it was renumbered as Title Suit No. 125 of 1996.