GAYATRI DUTTA Vs. MANIKA GHOSH

JUDGEMENT

(1.) The present second appeal is at the instance of the tenants/defendants in a suit for Ejectment and is directed against the judgment and decree dated January 05, 2007 passed by the VIth Bench, City Civil Court at Calcutta in Title Appeal No. 11 of 2006 thereby affirming the judgment and decree dated November 18, 2005 passed by the learned Judge, IVth Bench, Presidency Small Causes Court Calcutta in Ejectment Suit No. 2458 of 2000.

(2.) The appellants were the tenants in respect of one shop room at the ground floor of premises no. 172 Bidhan Sarani, Kolkata- 700006, under the respondent. The respondent filed the said ejectment suit for eviction of the appellants from the suit shop room on the ground that the respondent requires the suit shop room for her own use and occupation as well as for the use and occupation of her family members and she has no other reasonably suitable accommodation elsewhere. The other ground on which the respondent sought eviction of the appellants from the suit shop room is that the appellants had defaulted in payment of rent.

(3.) The present second appeal was admitted under Order XLI Rule 11 of the Code of Civil Procedure on December 18, 2007 to answer the following substantial questions of law:-