KALYANI DUTT Vs. PRAMILA BALA DASSI

JUDGEMENT

(1.) This appeal is at the instance of the Plaintiff and it arises out of a suit for ejectment of the Defendant from the suit premises and for recovery of khas possession.

(2.) The suit premises is 295/A Upper Chitpur Road, Calcutta. It belonged to one Kishen Chand Boral since deceased. The Defendant was a tenant of the suit premises under the said Kishen Chand Boral. The Plaintiff purchased the suit premises from the said Kishen Chand Boral on July 14, 1958, and instituted the suit on December 23, 1958. The Plaintiff alleged that she reasonably required the suit premises for her own use and occupation and for the occupation of the members of her family. The Plaintiff herself resides in a rented house at 3K Raja Naba Kissen Street, Calcutta. Out of seventeen rooms in the suit premises the Defendant occupies only three rooms and she sublet the remaining fourteen rooms to different subtenants. The sub-tenants have not been made parties to the suit.

(3.) The Defendant denied that the Plaintiff required the suit premises for her own occupation and for the occupation of the members of her family. It was contended by the Defendant that the accommodation available to the Plaintiff in the rented premises No. 3K Raja Naba Kissen Street, Calcutta, was sufficient. It has been alleged by the Defendant that the Plaintiff has another house in the suburbs of Calcutta which is in her khas possession.