GOPENDRA KUMAR BOSE Vs. PROVATI CHAKRABORTY & ORS.

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 31.1.1987 passed by Sri S.K. Das, learned Additional District Judge, 3rd Court, Alipore , 24- Parganas (South) in connection with Title Appeal No. 279 of 1986 affirming the judgment and decree dated 28.2.1986 passed by Sri P.S. Dutta, the learned Munsif, 2nd Court, Alipore 24-Parganas (South) in connection with Title Suit No. 118 of 1981.

(2.) The suit before the trial Court was for eviction on the grounds of sub- letting, change of user, reasonable requirement for partition and causing nuisance. The trial Court was pleased to decree the suit and the appellate Court was pleased to affirm the same.

(3.) At the time of admission on the appeal the Division Bench of this Court was pleased to observe that the appeal would be heard on the points of law taken in the memorandum of appeal. Although various grounds have been taken in the memo. of appeal by the appellant/defendant, Mr. Debasis Roy along with Mr. S. Sen appearing for the appellant argues only on the points of notice and relationship of the parties and also on the ground of change of user. It is pointed out by Mr. Roy that both the Courts below. found that there was no case of sub-letting.