(1.) This is an application under Article 227 of the Constitution of India by the defendant/appellant challenging order No. 9 dated April 4, 2003 passed by Shri Amitabha Das, learned Additional District Judge, Second Court at Alipore, District: South 24 Parganas in title Appeal No. 162 of 2002.
(2.) The plaintiff, who is the opposite party in this revisional application, instituted Title suit No. 59 of 1993 in the Court of the learned Civil Judge (Junior Division), 4th Court at Alipore for ejectment, recovery of arrears of rent and damages. The said suit was filed inter alia, on the ground of reasonable requirement. The said suit was transferred to the Court of the learned Civil Judge (Junior Division), Second Court at Alipore and was renumbered as Title Suit No. 105 of 2001.
(3.) By judgment and decree dated March 15, 2002 the learned trial judge decreed the suit on contest without, however, any order as to costs. The learned judge, inter alia, held that the plaintiff was able to establish his case of reasonable requirement and as such he was entitled to get a decree for recovery of khas possession in respect of suit property.