NERODE GOPAL BHATTACHARYYA Vs. BELA KUNDU

JUDGEMENT

(1.) THIS appeal arises out of the decision of Shri A. K. Nandi, learned Sub-ordinate Judge, Asansol, reversing the, judgment and decree of the Munsif, 1st Court Asansol, in the suit being T. S. No. 123 of 1966 for ejectment.

(2.) THE plaintiff purchased the suit property on 20. 4. 64 for her own use and occupation. The defendant was a tenant in respect of the suit premises on a monthly rental of Rs. 60/- payable according to English calendar month from before purchase of the same by the plaintiff. The defendant attorney to the plaintiff by payment of rent and otherwise. The plaintiff determined the tenancy on the expiry of the month of august, 1965 on the ground of reasonable requirement. The plaintiff commenced the suit, as the defendant failed and neglected to vacate in spite of the service of the notice to quit. The defendant contested the suit. The reasonableness of requirement was disputed.

(3.) THE learned Munsif on trial found that the tenancy had been determined by a valid notice to quit. It transpired in evidence that the plaintiff had been residing at a rented house at Master Para, Hutton Road, Asansol, which was said to be insufficient for plaintiff's requirement. Plaintiffs husband who Was on business had no go down or office room in the rented house. During trial evidence was led to, establish that the plaintiff had to vacate this rented house and had been living in the house of her father with her husband. In, the above facts and circumstance the plaintiff's requirement for the suit premises was found to be reasonable. In short the suit was decreed.