LAWS(CAL)-2011-11-14

SALEHAR BIBI Vs. BHABANI PRASAD

Decided On November 30, 2011
SALEHAR BIBI Appellant
V/S
BHABANI PRASAD CHATTOPADHYAY Respondents

JUDGEMENT

(1.) THIS second appeal has been filed by the defendant /tenant against a judgment of affirmation. Original respondent/plaintiff Karunamay Chatterjee filed eviction suit being Title Suit No.56 of 1976 against defendant/tenant Sk. Meser Ali alias Sk. Macher Ali for his eviction from a ground floor shop room on the ground of default as well as reasonable requirement for being used by his unemployed second son for running a grocery shop.

(2.) ORIGINAL defendant contested said suit denying all material allegations and contending inter alia that plaintiff did not reasonably require suit premises as alleged.

(3.) AT the time of admission no substantial question of law was framed. However, at the time of hearing of the second appeal the following substantial question of law was framed.