SARBATI DEBI Vs. PRATIMA SHARMA

JUDGEMENT

(1.) The defendants in a suit for eviction and recovery of possession being Title Suit No.324 of 1992 are the appellants before this Court challenging concurrent finding of fact by both the learned Trial Court as well as the learned First Appellate Courts wherein the following substantial questions of law are involved:-

(2.) It is pertinent to mention at the outset that the plaintiffs/defendants became the owners of premises No.9 Karl Marx Sarani within P.S Watgung by auction purchase. The appellants were the premises tenants in respect of one shop room wherein they have been running business of selling footwear. The plaintiffs filed the above mentioned suit on the grounds of default of payment of rent, reasonable requirement for extension of their business, subletting and causing substantial damage of the suit premises in violation of Clause (m), (o) and (p) of Section 108 of the Transfer of Property Act. The learned Trial Court, by its judgment and decree dated 30th June 2007 decreed the suit holding, inter alia, that the plaintiffs were able to prove their case on the grounds of default, subletting and causing material damage and substantial addition and alteration of the suit shop room and, therefore, liable to be evicted from the suit premises.

(3.) The defendants being aggrieved by and dissatisfied with the judgment and decree passed by the learned Trial Court filed an appeal before the learned District Judge, South 24 Parganas at Alipore. The said appeal was transferred to the Court of the learned Second Additional District Judge at Alipore and registered as Title Appeal No.258 of 2007. By a judgment and decree dated 30th September, 2010 the said appeal filed by the defendants/appellants was dismissed on contest. The learned Judge in First Appellate Court however gave protection to the defendants against eviction under Section 17(4) of the West Bengal Premises Tenancy Act, 1956. The appeal was dismissed affirming the finding of the learned Trial Court in respect of subletting and causing substantial damage of the suit premises by the defendants/appellants.