KAMALA DEBI MUKHERJEE Vs. SAMIR ROY

JUDGEMENT

(1.) The plaintiff is the appellant against this judgment of confirmation.

(2.) The plaintiff being owner landlady filed said suit for eviction against defendant tenants after serving statutory notice on the grounds of reasonable requirement of the suit premises situated in the ground floor for plaintiffs and her family members use and occupation, damages caused by the defendants in the suit premises as well as building and rebuilding of a portion of the suit house for reconstruction of the staircase. Only defendant No.3 contested said suit filing a written statement denying material allegations of the plaint and contending inter alia that plaintiff did not require the suit premises as plaintiff already got possession of entire first floor after eviction of a tenant therefrom on the same ground of reasonable requirement and that the defendant tenant did not cause any damage to suit property and that there is no need of building and rebuilding of a portion of the suit house for reconstruction of the staircase.

(3.) Both sides adduced evidence in support of their respective claims. After contested hearing learned Trial Court dismissed the suit on the ground that the plaintiff failed to establish that she reasonably required the suit premises for her and her family members use and occupation, or that defendant tenant caused any damage to the suit building or that she reasonably requires the suit premises for building and rebuilding of a portion of the suit house for the purpose of reconstruction of the staircase. The appeal preferred by the plaintiff landlady was also dismissed after contested hearing.