RAMESWAR TEWARI Vs. CHAMPA DEVI

JUDGEMENT

(1.) This Court has heard the Learned Advocates for the respective parties.

(2.) It appears that the plaintiff/respondent filed a suit against the defendant/appellant being Title Suit No. 34 of 1994 in the Court of the Learned Civil Judge (Jr. Divn.), Additional Court, Suri, praying for a decree for recovery of possession and mesne profits. The plaintiff/respondent's case was that the defendant was a monthly tenant in respect of the suit premises, but the defendant defaulted in payment of monthly rents for the period from May, 1970 to August, 1991. The plaintiff also alleged that the suit property is required for the running of a mini oil mill by her son, which has been started during the pendency of the suit at the back portion of the suit premises but such mini oil mill is run by the son of the plaintiff on the side of a Galipath where the business cannot run well. Accordingly, the plaintiff has alleged that the suit premises is required on the ground of reasonable requirement for own use and occupation. The plaintiff, through her Learned Advocate, served a combined notice under Section 13(6) of the West Bengal Premises Tenancy Act read with Section 106 of the T.P. Act and such notice was received by the defendant.

(3.) The defendant contested the suit by filing written statement denying the material allegations made in the plaint. It is the defendant's case that the relationship between the parties was very cordial and as such, the plaintiff never gave any rent receipt to the defendant except on certain occasions. The defendant's case is that the plaintiff and her husband are very rich and influential persons of Suri town and they have many businesses like grocery, stationery shop, ata chaki mill, coal business and other business at Suri town. The defendant is running a tea stall with a sweet shop in the suit premises and he was inducted by the plaintiff about 30 years ago. The defendant denied the allegations of default in payment of rent and reasonable requirement of the plaintiff. The suit came up for hearing and the Learned Trial Court, by its judgment and decree dated 24th January, 2001, decreed the said suit on contest and passed a decree of recovery of possession of the suit premises in favour of the plaintiff and directed that the plaintiff will be at liberty to take possession of the suit property after the expiry of four months by way of filing execution case through Court. The Learned Trial Court also granted a decree of mesne profits at the rate of Rs. 3/- per diem till the date of delivery of possession of the suit premises.