SANTOSH KUMAR MITRA Vs. SNEHALATA ROY

JUDGEMENT

(1.) THIS appeal is by the defendants/appellants and directed against a judgment and decree passed by Sri N.C. Chakraborty, Judge, 8th Bench, City Civil Court at Calcutta in Ejectment Suit No. 163 of 1987.

(2.) THE suit was instituted against the appellants for eviction from the suit premises on the ground of sub-letting, reasonable requirement and default.

(3.) BEFORE we proceed further, we must keep it on record that Mr. Bagchi, learned Advocate, appearing on behalf of the defendants-appellants, did not make any submission as to the ownership and number of family members of the plaintiff and also their requirement of the suit premise excepting that Mr. Bagchi argued that the plaintiffs-respondents having inducted a tenant in the suit premises in the year 1978 and subsequently, in the year 1984 and a writ for eviction on the ground of reasonable requirement was filed and withdrawn later, the requirement of the plaintiffs of the suit premises under Section 13(1)(ff) of the Act, ought not to be have been granted by the trial Court, as, according to Mr. Bagchi, the requirement of the suit premises could not be held to be bonafide. The main thrust of his argument was, however, in respect of the maintainability of the suit for defect of parties and also on the question to legality and validity of the notice to quit served on all the heirs and legal representatives of the deceased tenant excepting Smt. Anita Mitra who was the widow of one of the heirs of deceased tenant excepting Smt. Anita Mitra who was the widow of one of the heirs of the original tenant (deceased). Therefore, we first take up the question whether the suit was bad for defect of parties and whether the notice to quit ought to have been served also on Smt. Anita Mitra. There is no dispute that originally Shri Surendra Krishna Mitra, since deceased, was a tenant under Kumar Promotha Nath Roy Public Charitable Trust. The original tenant Surendra Krishan Mitra died intestate in the year 1943 leaving behind the following persons as his heirs and legal representatives :