SAMSUL ARFIN Vs. ZAMURAD SULTANA

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated July 26, 2007 passed by the learned Additional District Judge, 1 st Court, Alipore in Title Appeal No.80 of 2007 thereby reversing the judgment and decree dated February 27, 2007 passed by the learned Civil Judge (Senior Division), 6 th Court, Alipore in Title Suit No.37 of 2006.

(2.) The plaintiffs/respondents herein filed a suit being Title Suit No.452 of 1979 for ejectment against the predecessor-ininterest of the appellants from the premises in suit as described in the schedule of the plaint before the learned Civil Judge (Senior Division), 6 th Court, Alipore, inter alia, on the ground of default and reasonable requirement in the year 1979. The said suit was subsequently re-numbered as Title Suit No.37 of 2006. The defendants contested the said suit by filing a written statement denying the material allegations made in the plaint and both the parties had adduced evidence in support of their respective contentions. On the analysis of evidence on record, the learned Trial Judge held that a legal and valid notice to quit had been duly served upon the original tenant (now deceased). While disposing of the said suit, the learned Trial Judge recorded that so far as the ground of default is concerned, the original tenant was entitled to get the benefit of Section 17(4) of the West Bengal Premises Tenancy Act, 1956.

(3.) So far as the ground of reasonable requirement is concerned, the learned Trial Judge held that the plaintiffs had proved that they were not in possession of sufficient accommodation, but, dismissed the suit on the ground that another premises being premises no.70, Ripon Street belonging to the landlords had not been inspected and as such, the plaintiffs had failed to prove that they were not in possession of sufficient accommodation elsewhere. Accordingly, the said title suit was dismissed by the learned Trial Judge.