GOPINATH PAL Vs. CHYANA PATRA

JUDGEMENT

(1.) This second appeal was filed by the Defendant/ tenant against judgment and decree dated 3rd May, 1991 passed by learned Second Assistant District Judge, Howrah in Title Appeal No. 94 of 1990 reversing the judgment and decree dated 27.01.1990 passed by learned Munsif, 2nd Court, Howrah in Title Suit No. 230 of 1984.

(2.) By the impugned judgment learned First Appellate Court passed a decree of eviction against Appellant/ Defendant/ tenant on the ground of reasonable requirements of suit premises by the landlord/ Plaintiff. At the time of admission of the second appeal Hon'ble Division Bench observed that appeal would be heard only on the ground of partial eviction vide the order dated 22.08.1991. Hon'ble Division Bench was also pleased to grant stay of execution of the decree on condition that Appellant/Defendant/ tenant would vacate and deliver peaceful possession of one of the bed rooms to the Respondent/ Plaintiff within the fortnight from the date. It came out daring hearing that in terms of said order dated 22.08.91 Appellant/ Defendant/ tenant handed over one of the bed rooms to the Plaintiff who was in possession of the same since then.

(3.) During pendency of the appeal it came out that there were some changes in the composition of the family of the Plaintiff on account of death of original Plaintiff. The question arose as to whether said changed composition in the family of the substituted Plaintiffs on account of death of the sole Plaintiff, there is still further reasonable requirement of the suit premises which has since been reduced to only one bed room. Accordingly, this Court remanded the case to learned 1st Appellate Court for fresh determination of issue No. 3 i.e., whether the substituted Plaintiffs still reasonably required the suit premises for their own use and occupation vide order dated 8th August, 2001. At the same time leave was granted to the Plaintiffs /Respondents to file an application for amendment of the plaint stating the present requirements with liberty to the Appellants / Defendants to file additional written statement, if any, to controvert the amended version of the plaint. Learned Lower Appellate Court was directed to record evidence on the point of requirements of the Plaintiffs and to forward its findings thereon to this Court.