SHRIMATI GITA MAJUMDAR Vs. AJOY KUMAR GHOSH

JUDGEMENT

(1.) Although, the matter is appearing under the heading 'for orders', by consent of Mr. Hiranmay Bhattacharya, learned advocate appearing for the appellant, and Mr. Bidyut Kumar Banerjee, learned senior advocate appearing for the plaintiffrespondent no. 1, I take up this matter for hearing for final disposal.

(2.) This appeal arises out of a suit for eviction, inter alia, on the grounds for default and reasonable requirement. Both the courts below, concurrently, found that the plaintiff reasonably required the suit premises for his own use and occupation and for use and occupation by the members of his family.

(3.) Principally, the appeal was argued before the lower appellate court as also before this Court on the ground that the suit was not maintainable due to defect in the notice to suit.