NARAYANI BALA DASI Vs. DURGA PRASAD SEN

JUDGEMENT

(1.) This Second Appeal is directed against judgment and decree dated 9 th December, 2003 and 16 th December, 2003 respectively passed by learned Additional District Judge and Sessions Judge, 13th Court Alipore, in Title Appeal No.257 of 2002 reversing judgment and decree dated 29.06.2006 and 9 th of July, 2006 respectively passed by learned Civil Judge (Senior Division), 3 rd Court, Alipore, 24 Parganas (South) in Title Suit No.432 of 1993.

(2.) The original plaintiff Narayani Bala Dasi filed said suit for ejectment against defendant/tenant. Defendant/tenant was in occupation of the suit shop room at a rental of Rs.60/- per month with effect from 01.10.1965 in terms of a lease deed dated 27.09.1965 for 51 years. As per terms of said lease deed lessor had the right to terminate said lease by giving one month's notice in writing before expiry of the lease period. The plaintiff /owner/landlord terminated tenancy of the defendant in suit shop room by issuing a notice on the grounds of subletting illegal change of use, causing annoyance and nuisance and reasonable requirement.

(3.) The defendant contested the suit by filing written statement denying material allegations of the plaint and contending inter alia that the suit was not maintainable and that the grounds of ejectment were false. It was further case of the defendant/tenant that earlier plaintiff got possession of one shop room but it was used for the purpose of business of her son. The suit shop room is not at all suitable for being used as bed room. The suit was liable to be dismissed.