JAGAT BANDHU BATABAYAL Vs. JIBAN KRISHNA ROY

JUDGEMENT

(1.) The instant Second Appeal has been filed by the defendant-tenant and is directed against judgment and decree passed by the Learned 4th Court of Additional District Judge, Alipore in Title Appeal No. 436 of 1992 reversing the judgment and decree passed by the Learned Munsif, 3rd Court, Alipore in Title Suit No. 189 of 1979.

(2.) The plaintiff is the landlord and is the respondent in the present appeal. The plaintiff filed a suit for ejectment against the defendant who was inducted according to the plaintiff as a monthly tenant in respect of the suit property at a monthly rent of Rs. 80.00. It has also been stated by the plaintiff that he is the owner of the suit property wherein the defendant was inducted as tenant. According to the plaintiff, defendant damaged a bedroom within his tenancy and has failed and neglected to pay the rent since the month of November, 1978. It has also been stated by the plaintiff that he requires the suit property for the use and occupation of himself and other members of his family.

(3.) According to the plaintiff his present accommodation is most insufficient and inadequate and the rooms under the tenancy of the defendant, will suitably meet the requirements of the plaintiff and solve the acute accommodation problem in his family. Accordingly, the plaintiff served an ejectment notice upon the defendant inspite of receipt of the said notice the defendant did not quit and vacate the suit rooms and hence the suit was filed by the plaintiff.