DEBIDAS ROY Vs. SABITRI CHATTERJEE

JUDGEMENT

(1.) This is an appeal against judgement and decree dated November 23, 1990 passed by the learned Additional District Judge, Seventh Court at Alipore in Title Appeal No. 15 of 1989 reversing the judgement and decree dated December 12, 1988 passed by the learned Munsif, Second Additional Court at Alipore in Title Suit No. 23 of 1987. This appeal arises out of a suit for eviction, inter alia, on the ground of reasonable requirement.

(2.) The defendant is the appellant before this Court. Shearing unnecessary details, the plaintiff, who has been an well-known film and stage artist and the owner of the suit house, filed this suit for recovery of possession of the ground floor flat, inter alia, on the ground that she has been suffering from osteo- arthritis and spondylitis and as such she needed the suit flat situated in the ground floor as she has been virtually incapable of climbing of stairs. On or about January 5, 1980 at the time of rehearsal of a drama, the plaintiff fell from the stage to the ground floor of the hall and sustained serious injuries, particularly, in the left side of her body. She was confined to her bed for some time. After the incident she was unable to climb stairs without difficulty. As she had regular pains in her legs, she consulted orthopaedic surgeon, who advised her not to climb stairs. At present, the plaintiff has been occupying the third and the fourth floor of the suit building. As she was facing immense difficulty in reaching her present accommodation by climbing of stairs, she needed the ground floor suit flat reasonably for her use and occupation.

(3.) The learned trial judge, by the judgement and decree dated December 12, 1988, dismissed the suit holding, inter alia, that the plaintiff was performing as an artist in stages and as such it could not be said that she was feeling any short of difficulty in climbing of stairs as alleged by her. The learned judge suggested that a lift could be installed by the plaintiff for reaching her present occupation.