DOLLY BASU Vs. PRABIR GHOSH

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 30th June, 2007 passed by the learned Additional District Judge, 3rd Court, Alipore in Title Appeal No.107 of 2006, affirming the judgment and decree of eviction dated 28th February, 2006, passed by the learned Civil Judge (Junior Division) 5th Court, Alipore in Title Suit No.85 of 2004.

(2.) THE respondent / plaintiff filed the said suit for ejectment, alleging that the defendant being a tenant under the plaintiff in respect of the ground floor suit flat with a garage and a mezzanine floor room as described in the schedule of the plaint was guilty of causing damages to the suit property. It is further case that the plaintiff being a chartered accountant has started a chartered accountant firm under the name and style of "Prabir Ghosh & Co., chartered accountants" with effect from 1994 after retiring from service. THE plaintiff along with his family members has also a business under the name and style of "M/s. Southend Investment & Finance Company Private Limited". Though plaintiff is in occupation of second floor and third floor of the suit building but for smooth and effective running of business of said chartered accountant firm, plaintiff reasonably requires the suit premises which was situated in the ground floor. THE first floor is also tenanted. As plaintiff has no other reasonably suitable accommodation elsewhere, plaintiff has filed this suit for ejectment after serving necessary notice.

(3.) DURING hearing of the second appeal, the appellant / defendant filed an application being CAN No.3512 of 2011, praying for reception of additional evidence under Order XLI Rule 27 of the Code of Civil Procedure. In the said application, the defendant has tried to bring on record the certified copy of deed of conveyance being Annexure ? A of said application as an additional evidence to show that during pendency of this second appeal the plaintiff-landlord sold out entire first floor to the tenant in occupation of the same.