SUMIT CHEMICALS Vs. GYAN NATH ZUTSHI

JUDGEMENT

(1.) This appeal is at the instance of a tenant defendant and is directed against the judgment and decree passed by Sri S. K. Das, Additional District Judge, 6th Court, Alipore, reversing the judgment and decree passed by Sri. S. Mukherjee, Subordinate Judge, 2nd Court, Alipore.

(2.) In a suit by the plaintiff respondent for eviction of the defendant appellant, the plaintiff had alleged that defendant was a monthly tenant under him in the suit flat at a monthly rental of Rs. 2000/- payable according to English calendar month. The plaintiff reasonably and suitably requires the suit flat for his own use and occupation and for the members of his family as the plaintiff has no other suitable, reasonable accommodation elsewhere. The plaintiff is an Engineer under Kulgian D.C.P.L. and is now posted at Egypt. He is scheduled to return to Calcutta soon. But he is not in a position to come to Calcutta as he has no other accommodation in Calcutta or anywhere. The plaintiff requires the suit premises and he had given a full description of his family in the plaint. The plaintiff also alleged nuisance. Accordingly plaintiff issued a notice of eviction calling upon the defendant to quit and vacate the suit premises but the defendant having failed the plaintiff filed a suit for eviction of the defendant.

(3.) In contesting the claim of the plaintiff the defendant has asserted in the written statement that the plaintiff does not require the suit premises as he has alternative accommodation elsewhere and the defendant also denied the case of nuisance. The defendant further asserted that the plaintiff cannot ask for a decree of eviction on the ground of simple anticipation of his transfer. In all 8 issues were framed upon the pleadings of the parties and both parties led evidence on such issues after having considered all aspects of the case and the evidence on record, the learned Subordinate Judge disbelieved the case of the plaintiff and come to a finding that the plaintiff has alternative accommodation at 4/2, Leonard Road and on anticipation plaintiff cannot ask for a decree for eviction. Thus, the suit of the plaintiff was dismissed.