GAYATRI MONDAL Vs. MINA MONDAL

JUDGEMENT

(1.) This appeal is directed against judgment and decree dated 20 th April, 2005 passed by learned Additional District Judge, Fast Track Court-IV, Alipore in Title Appeal No.117 of 2004 affirming the judgment and decree of eviction dated 29 th of June, 2004 passed by learned Civil Judge (Junior Division), 5 th Court at Alipore in Title Suit No.59 of 1990.

(2.) The respondents' predecessor-in-interest viz Satkari Mondal as plaintiff filed said suit for eviction alleging that he was absolute owner of suit premises No.38 Upen Banerjee Road and the defendant was a monthly tenant under him at a rental of Rs.100/- per month payable according to English calendar month. Plaintiff filed said suit for eviction on the ground of default and reasonable requirement after sending a notice to quit dated 13 th December, 1989 under registered post with A/D which returned with postal endorsement "refused". During pendency of the suit original plaintiff Satkari Mondal died and present respondents were substituted in his place as heirs and legal representatives. An amendment petition was filed in 2003 to change the address of suit building as well as suit premises owned by original plaintiff from 38 Upen Banerjee Road to 38 A Upen Banerjee Road on the ground of renumbering of the same by Calcutta Municipal Corporation.

(3.) The appellant/defendant/tenant contested said suit by filing written statement followed by additional written statement denying material allegations of the plaint and amended plaint and contending inter alia that premises No.38 Upen Banerjee Road was not renumbered as 38 A Upen Banerjee Road and that alleged notice dated 13 th of December, 1989 was not legal, valid and was not also received by the defendant and plaintiffs did not reasonably require suit premises.