LAWS(CAL)-2002-4-103

NETAI CHANDRA SARKAR Vs. KAZI SARFUDDIN & ORS.

Decided On April 08, 2002
NETAI CHANDRA SARKAR Appellant
V/S
KAZI SARFUDDIN And ORS. Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed on 2.1.1993 by Sri P. K. Das, learned Assistant District Judge, Baruipur, 24-Parganas (South) in connection with Title Appeal No. 19 of 1992 affirming the judgment and decree dated 21.12.1990 passed by Sri Amitabha Das, learned Munsif, 1st Court, Baruipur in connection with Title Suit No. 242 of 1988.

(2.) The suit before the trial court was for eviction on the ground of default in payment of rent, reasonable requirement, building and re-building, damage and nuisance caused to the suit property etc. The learned trial court decreed the suit only on the ground of reasonable requirement which was affirmed by the learned lower appellate court.

(3.) The fact of this suit in brief is that the plaintiffs are the joint owners of the suit premises and the defendant was a monthly tenant in respect of the suit premises which is a shop room. The plaintiffs required the suit premises for building and re-building in order to save dilapidated condition of the same. It is further stated that the plaintiff Nos. 1 to 3 sell shoes while the plaintiff No. 4 sells ready made garments in different Huts by hawking and thus the plaintiffs reasonably required the suit premises for carrying on their business. It is also asserted that the plaintiffs have no other suitable accommodation elsewhere within the municipal town of Joynagore. The defendant contest the suit by filing written statement denying all the material allegations.