DILIP KUMAR ADHIKARI Vs. SMT. PUSPALATA BASU

JUDGEMENT

(1.) This second appeal is at the instance of a tenant in a suit for eviction on the ground of reasonable requirement and is directed against the judgment and decree dated February 12, 1990, passed by the learned Additional District Judge. 1st Court, Midnapore in other Appeal No. 119 of 1989 thereby setting aside those dated February 28, 1989, passed by the learned Munsif, 1st Court, Midnapore in other Suit No. 151 of 1985.

(2.) The original Plaintiff, the mother of the present Respondent, filed the aforesaid suit for eviction of the predecessor -in -interest of the present Appellant an the ground of reasonable requirement. The case made out by the original Plaintiff was that she was the owner of the property, and the original Defendant was a tenant under her. The son of the original Plaintiff had retired from service in November, 1983, and as such it became necessary to accommodate him in the suit premises as there was no other reasonably suitable accommodation elsewhere. The Plaintiff was then residing in a rented premises at Calcutta but she wanted to live with her son in the suit premises as her landlady had asked her to vacate.

(3.) The aforesaid suit was contested by the original Defendant by filing written statement thereby disputing the bona fide of the original Plaintiff and contending that the original Plaintiff did not require the suit property for her own use and occupation.