KALPANA BOSE Vs. NEPAL CHANDRA ROY

JUDGEMENT

(1.) This appeal is directed against judgment of remand dated 29th of January. 2007 and decree thereof dated 13th February, 2007 passed by learned Civil Judge (Senior Division), 3rd Court, Paschim Midnapur in other appeal No. 7 of 2006 reversing the judgment and decree of ejectment dated 19th December, 2005 passed by learned Civil Judge (Junior Division), 1st Court, Midnapur in other Suit No. 126 of 1991. The appellant /plaintiff/landlord filed said suit for eviction against respondent/defendant/tenant on the ground of default as well as on the ground of reasonable requirement of the suit shop room for use by' her husband. The suit as usual was preceded by a notice of ejectment. Plaintiff has no other reasonable suitable accommodation for running a shop room by her husband.

(2.) Later at the instance of the plaintiff/landlord part 3(a) elaborating the justification of requirement of the suit shop room was added in the plaint by way of amendment.

(3.) The respondent/defendant/tenant contested the suit by filing written statement followed by additional written statement denying material allegations of the plaint and contending inter alia that defendant advanced Rs. 25,000/- to the previous owner Jayanti Rana as security as well as advanced money for sale of the property by said landlady to the defendant. There is written contract with Jayanti Rana for tenancy for 10 years with effect from 16th May, 1987 and the suit was premature. The defendant was not a defaulter. The husband of plaintiff was a hawker and he does not require suit shop room for starting a business. The case was filed so that after eviction of defendant/tenant suit shop room can be let out again with heavy salami.