KAKULI MITRA Vs. PRABIR KUMAR NAG

JUDGEMENT

(1.) Defendant in a suit for eviction under West Bengal Premises Tenancy Act is the appellant before this Court.

(2.) One Prabir Kumar Nag and his wife Smt. Mousumi Nag, respondents herein instituted Ejectment Suit No.1284 of 2000 before the learned Judge, 4th Bench, Small Causes Court, Calcutta praying for eviction of the appellants on the ground of default, reasonable requirement and violation of Clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act. The appellants contested the suit by filing written statement and additional written statement.

(3.) After contested hearing the trial court by his judgment and decree dismissed the suit on the ground that the notice under Section 13(6) of the West Bengal Premises Tenancy Act, 1956 (hereinafter described as the Said Act) was defective in view of the fact that by virtue of the said notice entire tenancy of the defendants was not determined. The learned trial judge, however, held that the respondents were able to prove the ground of reasonable requirement envisaged under Section 13(1)ff of the Said Act.