SRI MOHANLAL MANNA Vs. SRI LAKSHMI PRASAD SHAW

JUDGEMENT

(1.) The defendant is the appellant against this judgment of confirmation.

(2.) Respondent being plaintiff filed a suit for eviction and mesne profit against the present appellant /defendant/tenant on the ground of default and reasonable requirement of the suit shop room for being used by his unemployed third son Sanjoy Kumar for running a grocery -cum -stationery shop. It was further alleged that plaintiff had no other reasonable accommodation elsewhere and that before filing of this suit an ejectment notice dated 31st July, 1991 was sent to the tenant under registered post with A/D which returned with postal endorsement 'not claimed' as defendant refused to accept the same. It was further case of the plaintiff that the defendant was original tenant under plaintiff as well as his brother in respect of a big room at a rental of Rs.35/ - per month payable according to English calendar month and that after partition of the suit house in between plaintiff and his brother through a registered document southern half portion of defendant's shop room was allotted to plaintiff and accordingly plaintiff was receiving half of the total rent i.e., Rs.17.50/ -per month from the defendant for plaintiff's share of the tenanted room and that said portion of tenanted room was the suit shop room.

(3.) Defendant contested the suit by filing a written statement denying material allegations of the plaint. It was contented that the defendant was not a defaulter and that suit shop room was not required by the plaintiff for reasonable use for his third son and that notice of suit was not served upon the defendant. Defendant, however, admitted paying of rent of Rs.17.50/ - per month to the plaintiff for the suit shop room. On the basis of the pleadings of the parties several issues were framed. Learned Trial Court decreed the suit on the ground of reasonable requirement after holding that notice to quit was legal, valid and sufficient and that postal endorsement 'not claimed' amounted to good service in the facts and circumstances of the case.