SUNIL CH. DUTTA Vs. AMARENDRA NATH DAS

JUDGEMENT

(1.) THE second appeal is at the instance of a plaintiff landlord in a suit for eviction, inter alia, on the ground of reasonable requirement and violation of clause (p) of Section 108 of the Transfer of Property Act and is directed against the judgment and decree dated August 27, 1993 passed by the Additional District Judge, 8th Court, Alipore in Title Appeal No. 28 of 1993 thereby reversing those dated November 30, 1992 passed by the Assistant District Judge, 6th Court, Alipore in Title Suit No. 41 of 1990.

(2.) THE aforesaid Title Suit No. 41 of the 1990 was filed on various grounds including the aforesaid two grounds on which the learned Trial Judge was pleased to pass a decree. The said suit was contested by the tenant defendant by filing written statement thereby disputing the allegations made by the plaintiff. The specific defence of the defendant was that in the absence of some necessary parties to the proceedings, the suit was not maintainable and accordingly the notice of eviction served only on the defendants was invalid. In other words the defence of the tenants was that apart from the two defendants, there are other persons who are tenant in respect of the property along with those two defendants.

(3.) BEING dissatisfied, the defendants preferred an appeal before the learned first appellate Court below and by the judgment and decree impugned in this second appeal the said first appellate Court has although affirmed the finding of the learned Trial Judge on the question of reasonable requirement and violation of clause (p) of Section 108 of the Transfer of Property Act, but set aside the finding recorded by the learned Trial Judge as regards the validity of the suit in the absence of necessary parties. Thus the learned first appellate Court dismissed the suit on the aforesaid ground of non- joinder of necessary parties and invalidity of ejectment notice.