NIRBAN BASU Vs. GAYATRI BHATTACHARJEE

JUDGEMENT

(1.) PLAINTIFF -landlord is the appellant in this case of reversal of decree of eviction passed by learned Lower Appellate Court.

(2.) THE appellant-plaintiff filed the said Title Suit being Title Suit No.138 of 2004 in the Court of learned Civil Judge, 3 rd Court, Senior Division, 24-Parganas (South), alleging as follows:-

(3.) THE defendant filed a written statement alleging, inter alia, that she took the suit premises on rent for the purpose of starting a school within the knowledge of the landlord. The plaintiff was aware of running of one school in the suit premises from the very beginning and took advance for the purpose of renovation and was also 3 personally present in the inaugural function of the school. From the very inception, the defendant was running the said school within the knowledge of the plaintifflandlord as per terms of the written agreement and that a caretaker/darwan was kept in the suit premises for protection of the school properties and accordingly the agreement was made for using of the suit premises as residential-cum-educational purpose. The suit was liable to dismiss.