DILIP KUMAR GHOSH Vs. AMIT KUMAR ROY CHAUDHURY

JUDGEMENT

(1.) This appeal has been directed against the judgment and decree dated 8.2.1999 and 16.2.1999 respectively passed by Sri Samaresh Prasad Chowdhury, Civil Judge, Senior Division, 8th Court, Alipore in connection with Title Appeal No. 156 of 1998 affirming in part the judgment and decree dated 11.5.1998 passed by Sri Dulal Chandra Kar, learned Civil Judge, Junior Division, 5th Court, Alipore in connection with Title Suit No. 20 of 1994.

(2.) The suit before the learned lower Court was for eviction of a premises tenant and also for mesne profit on the ground of default in payment of rent, for reasonable requirements and also for subletting. The learned trial Judge appears to have decreed the suit on the grounds of default in payment of rent and the ground of reasonable requirement and subletting were according to him not established. The benefit of section 17(4) of the West Bengal Premises Tenancy Act (hereinafter referred to as 'Act' in short) was not given to the tenant/defendant by the learned trial Judge for the reasons stated in the judgment. The learned Judge of the lower appellate Court decreed the suit on both the grounds of default of payment of rent and reasonable requirement. In such circumstances, the present appeal arose.

(3.) The following substantial questions of law has been formulated for the purpose of determination of the present appeal: