SANTOSH KUMAR MAZUMDAR Vs. REKHA BOSE

JUDGEMENT

(1.) This appeal is directed against the judgment and decree both dated 2nd August, 1996 passed by the Learned Additional District Judge, Second Court, Howrah in Title Appeal No. 171 of 1991 affirming the judgment and decree both dated 27th May, 1991 passed by the learned Munsif, Third Court, Howrah in Title Suit No. 315 of 1985. The suit was filed by the Plaintiff/Respondent as the owner of the holding No. 36 Rajballav Saha Lane, Howrah on several grounds including the grounds of default, building and re-building of the suit premises and also for causing damage to the suit premises and thereby violating the provisions of clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act.

(2.) . The plaintiff/ landlord mentioned in the plaint that the defendant/tenant raised unauthorised permanent construction in the suit premises and also neglected to pay the monthly rent. The contention of the plaintiff is that the suit premises require urgent re-construction on eviction of the tenant as the same is in dilapidated condition. The defendant appellant contested the claims of the plaintiff mentioned in the plaint and opposed the prayer of eviction by filing written statement before the trial Court. In the said written statement defendant/appelLant challenged the validity and or legality of the grounds of eviction and contended that the plaintiff/landlord is interested to evict the defendant/tenant at any cost to achieve illegal material gain. The defendant/tenant, submitted that necessary protection under statute should be made available to the tenant/defendant against illegal demand of the landlord/appellant.

(3.) . Considering the materials on record and upon hearing the submissions of the learned Advocate of both the sides Learned Munsif came to the findings that the defendants/appellant is a tenant under the plaintiff of the landlord and the defendant/appellant is not a defaulter though the said defendant/appellant has violated the provisions of clauses (m), (o) and (p) of the Section 108 of Transfer of Property Act by raising a permanent construction of Bathroom and also for constructing septic privy within the suit holding. The learned Munsif, however, rejected the prayer of the landlord for a decree of eviction on the ground of building and rebuilding of the suit premises.