SITAL PRASAD CHAKRABORTY Vs. USHA DEVI (CHATTERJEE)

JUDGEMENT

(1.) The present appeal from the appellate decree is directed against the judgment dated 20.4.96 passed by the Assistant District Judge, Sealdah in the district of 24-Parganas (S) in T.A. No. 97/94 by which she dismissed the appeal and affirmed the decree of dismissal passed by the trial court that is to say Munsif, 2nd Court, Sealdah in T.S. No. 333/88.

(2.) Shortly put the facts and circumstances leading to the present appeal are as follows:

(3.) On the pleadings of the parties, the learned trial court raised certain issues including one issue touching the question of reasonable requirement on the part of the plaintiff/appellant for the suit premises and considering the facts, circumstances and evidence on record came to a conclusion that the plain. tiff had no requirement for the suit premises. On such a finding it dismissed the suit. In appeal, through the judgement impugned the learned appellate court below affirmed the judgement of the learned trial court by specifically observing that the plaintiffs son could use one of the rooms on the 1st floor as his chamber.