SIDDHESWAR GHOSH Vs. GOPAL SRIVASTAV

JUDGEMENT

(1.) This second appeal is directed against judgment and decree dated 17 th June, 2004 passed by learned Judge, 12 th Bench of the City Civil and Sessions Court at Calcutta in Title appeal No.74 of 2003 reversing the judgment and decree of eviction dated 17 th May, 2003 passed by learned Judge 5 th Court of Small Causes Court at Calcutta in Ejectment Suit No.912 of 2000.

(2.) Admittedly, appellant/plaintiff claiming himself to be the owner/landlord filed said suit of ejectment against defendant/tenant on the ground of default, causing damage as well as creating nuisance and annoyance in the suit property, and also on the ground of reasonable requirement. Said suit was filed after service of ejectment notice as per law.

(3.) The respondent/defendant contested the suit by filing written statement. Though he admitted plaintiff as owner/landlord by subsequent purchase of the suit building, but denied all the allegations and averments made in the plaint.