ASHOKE ROY Vs. SUKHENDU BIKASH GHOSH

JUDGEMENT

(1.) This second appeal is at the instance of a plaintiff/landlord in a suit for eviction on the ground of reasonable requirement and is directed against the judgment and decree dated July 28, 1988 passed by the learned Additional District Judge. 11th Court, Alipore in Title Appeal No. 149 of 1987 thereby reversing those dated November 29, 1986 passed by the learned Munsif. 2nd Court, Alipore in Title Suit No. 12 of 1985. The appellant Bled a suit being Title. Suit No. 435 of 1981 in the 1st Court of learned Munsif, Alipore for eviction of the respondent on the grounds of default and reasonable requirement. The said suit was subsequently transferred to the 2nd Additional Court of learned Munsif, Alipore and was renumbered as Title Suit No. 12 of 1985.

(2.) So far the ground of default is concerned, the respondent by complying with the provisions contained in Sec. 17(2) of the West Bengal Premises Tenancy Act ("Act") got protection under Sec. 17(4) thereof.

(3.) As regards the ground of reasonable requirement, the case of the plaintiff was that he became absolute owner of the suit premises by virtue of a final decree in a suit for partition between himself and his co -sharers passed in Title Suit No. 155 of 1978 of the 3rd Court of Subordinate Judge. Alipore. The family of the appellant consisted of himself, his wife, his widowed mother, a son and a daughter, both were students at that relevant point of time. The appellant was in occupation of only two rooms which were insufficient and thus the plaintiff required the following accommodations: