NATIONAL RUBBER WORKS Vs. DAISY MANTOSH

JUDGEMENT

(1.) This appeal has been preferred challenging the order bf remand dated 6th August, 2001 passed by the learned Additional District Judge, Sixth Court at Alipore in Title Appeal No. 134/2001 setting aside the judgment dated 28th March, 2001 and decree dated 7th April. 2001 passed by the learned Civil Judge, Senior Division. Sealdah Court.

(2.) The respondent herein being the plaintiff filed a suit for ejectment and mesne profit against the appellant. The case in abort as made out by the plaintiff in the plaint is inter alia as follows: The defendant (appellant herein) entered into possession of the suit premises which is a twin Nissan Shed with adjacent land measuring about 28 cottahs in total being premises No. 21/1. Canal Circular Road, Calcutta-54. The defendant was inducted by J. Mantosh (now deceased) as tenant at a monthly rental of Rs. 750/- payable according to English Calendar, J. Mantosh was one of the owners of the said premises along with the plaintiff Daisy Mantosh. The plaintiff is the executor of the last Will and testament of J. Mantosh (now deceased) The defendant is a defaulter in respect of payment of rent of the suit premises since October, 1988 to April, 1995. Mr. Charls Mantosh is one of the beneficiaries of the last Will and testament of late J Mantosh and is running business of manufacturing air-condition machines in the small scale sector on a small scale at Premises No. 302/1, A.P.C. Road, Calcutta-9. The said shed has an area of about 1000 sq.ft. Mr. Charls Mantosh requires to expand his business and he requires 7000 sq.ft.. to run his factory in a commercially viable manner. The plaintiff as such reasonably requires the suit premises for use and occupation and the plaintiff is not in possession of any other reasonably suitable accommodation.

(3.) The defendant has done and is doing acts in violation of the provisions of clauses (rn), (o) & (p) of Section 108 of Transfer of Property Act. The notice dated March 9, 1995 was served under Section 13{G) of the West Bengal Premises Tenancy Act and Section 106 of the Transfer of Property Act.