SUNANDINI BISWAS Vs. SK. GAZIUDDIN

JUDGEMENT

(1.) This second appeal is at the instance of a ten- ant/defendant in a suit for eviction, inter alia, on the ground of reasonable requirement and is directed against the judgement and decree dated Feb. 23,1995 passed by the learned Assistant District Judge, 10th Court, Alipore in Title Appeal No. 268 of 1994 thereby affirming those dated June 30, 1994 passed by the learned Munsif, 1st Additional Court, Alipore in Title Suit No. 17 of 1986.

(2.) The respondent No. 1 brought against the appellant in the 2nd Court of Munisif, Alipore a suit being Title Suit No. 88 of 1993 for eviction, inter alia, on the ground of reasonable requirement. The said suit was subsequently transferred to the 1st Additional Court of Munsif, Alipore and was renumbered as Tile Suit No. 17 of 1986.

(3.) It may not be out of place to mention here that the aforesaid suit was filed by the respondent No. 1 as Mutwalli to the Wakf Estate of late Sk. Ahiruddin. It was stated that Sk. Ahiruddin by a registered deed of Wakf dated Nov. 10, 1944 created a private Wakf for the maintenance and residence of the Wakif and his descendants and for their benefit. It was admitted in the plaint that the Wakif died without any issue and his wife having predeceased him, his nephew (brother's son) became the sole Mutwalli of the Wakf Estate. Even during the life time of the said Mutwalli, the plaintiffs father, the plaintiff was appointed as sole Mutwalli and such appointment was confirmed by the learned District Judge, 24-Parganas. According to the plaintiff, the defendant was a tenant in respect of a portion of the Wakf Estate at monthly rental of Rs. 90.00 according to English calendar month and the plaintiff being a descendant of the Wakif reasonably required the suit premises for his use and occupation and for occupation for the members of his family for whose benefit the plaintiff held the suit property as Mutwalli. The aforesaid suit was contested by the present appellant by filing written statement thereby disputing the allegation made by the plaintiff and also disputing the right of the plaintiff and also disputing the right of the plaintiff to evict the present appellant on the ground of reasonable requirement. Ultimately, the learned Trial Judge by the judgement and decree dated June 30, 1994 decreed the suit only on the ground of reasonable requirement.