BROJO KISHORE BORAL Vs. RANU NANDI

JUDGEMENT

(1.) THIS Second Appeal is directed against judgment and decree dated 24th of July 2000 passed by learned Civil Judge (Senior Division), Additional Court at Hooghly in Title Appeal No.256 of 1998 affirming the judgment and decree of eviction dated 16.09.1998 passed by learned Civil Judge (Junior Division), Additional Court, Chandernagore in Title Appeal No.30 of 1997.

(2.) THE respondents filed said Title Suit for eviction alleging that the defendant who was a monthly tenant under the plaintiffs in respect of suit premises, defaulted in payment of rent since 1992. It was further case that the defendant/tenant caused annoyance and nuisance to the peaceful possession of the plaintiffs and also made illegal construction by causing damage to the suit property. It was further case of the plaintiffs that the suit premises is reasonably required for the purpose of starting of a business of multimedia studio for the son of plaintiff No.1, for using a part thereof as drawing room of the plaintiffs as well as for being used by the married daughter of the plaintiff No.1 who has to be shifted to the suit premises. THE suit was filed after serving a notice to quit dated 26th July, 1993.

(3.) THE appeal preferred by present appellant/defendant/tenant was also dismissed after contest. Learned Lower Appellate Court confirmed the judgment and decree of eviction on the same ground. At the time of admission of this second appeal ground Nos. X, XI and added ground taken in the memo appeal were allowed as the grounds for hearing of this appeal. Those grounds are as follows:-