JAMAL ARA BEGUM Vs. DEBA PROSAD GUHA

JUDGEMENT

(1.) In the present Second Appeal, I have been asked to decide a very short point, viz., whether the lower appellate court was right in affirming the decree granted by the Trial Court, in the suit of the respondents-landlords, for eviction of the appellant, on the ground of reasonable requirement for building and rebuilding.

(2.) The plaintiffs/respondents filed the suit for eviction on different grounds, including the ground, as referred to above. The trial court, having negatived the grounds of subletting and default, granted a decree on the aforesaid ground and the same had been affirmed by the lower appellate court.

(3.) From the submissions made by Mr. Poddar, on behalf of the appellant, and Mr. Ghosh, on behalf of the respondents, I have been invited to decide whether the decree is sustainable in the context of the following: (a) There is no finding as to the condition of the building which is proposed to be rebuilt. (b) The estimate proved on behalf of the plaintiffs relates to the ground floor only and there is no estimate for a four-storied building. (c) The validity of the plan was upto 15th July, 1972. (d) There is no evidence that construction without vacation is not possible. (e) Photocopy of the F.D.R. and the letter from the brother have been considered as sufficient materials or evidence to prove the means of the plaintiff. (f) Ownership of the premises has not been proved. (g) The payment of cost was made just prior to the filing of the suit.