PANNALAL ROY Vs. TARAPADA MITRA

JUDGEMENT

(1.) Origination of this second appeal is from the challenge thrown to the judgment and decree dated 11.5.1990 passed by the learned Additional District Judge, 12th Court at Alipur in Title Appeal No. 270 of 1989 reversing the judgment and decree dated 30.5.1989 passed by the 1st Additional Munsif at Alipur in T.S. No. 22/87.

(2.) The instant case concerns a suit for ejectment and recovery of khas possession along with prayer for mesne profits. The case made out in the plaint in brief is, inter alia, as follows:-

(3.) The plaintiff Pannalal Roy is the owner of the suit premises. The original defendant Tarapada Mitra was a monthly tenant in respect of the suit property at a rental of Rs. 150/- per month. The allegation is that the defendant is a habitual defaulter in the matter of payment of rent since November 1981. He has been intentionally using the varandah as kitchen and the kitchen as bed room in order to damage the suit property and as a result the condition of the suit property has been deteriorated. The defendant has made unauthorised construction of permanent nature covering the landing portion of the staircase of the second floor of the suit property without consent of the plaintiff. The defendant is guilty of causing annoyance and nuisance. The plaintiff also made out a case that the plaintiff reasonably and suitably requires the suit property for his own use and occupation and also that for his family members. The plaintiff alleged that he has another tin-shed house at Baruipur but the same is not at all sufficient for his residence. The tenancy of the defendant has been determined by a notice of ejectment which was sent to the defendant under registered post through the learned advocate for the plaintiff but the defendant continued to occupy the suit property and hence this suit was filed.