DILIP KUMAR SINHA Vs. SANJOY SINHA

JUDGEMENT

(1.) This second appeal has been preferred against the judgment and decree dtd. 3/11/2011 passed by the learned Additional District Judge, 9th court at Alipore in Title Appeal No. 123 of 2010. By the impugned judgment the learned Court below affirmed the judgment and decree dtd. 9/4/2010 passed by learned Civil Judge (Junior Division) 1st Court, Alipore, in Title Suit No. 28 of 2005.

(2.) Brief background of the present case is that initially Plaintiff/Respondent herein filed a suit for eviction of the Defendant/ appellant herein on the ground of default on 5/4/1991. During pendency of the said suit an application for amendment, of plaint was filed on 7/11/2000 and by the said amendment grounds of building and rebuilding and reasonable requirement was incorporated in the plaint, alleging that in order to fulfil plaintiffs requirement the suit premises has to be reconstructed. The defendant/appellant herein contested the said suit but said suit was dismissed by the Trial Court with the observation that the plaintiff could not prove his case beyond reasonable doubt and on the contrary defendant is entitled to get protection under Sec. 17(4) of the West Bengal Premises Tenancy act 1956( Act of 1956) on the ground that the defendant complied with the order passed under Sec. 17(2) of the said Act.

(3.) The plaintiff/respondent herein being aggrieved by that judgment and decree preferred an appeal before the appellant court being Title Appeal No. 23 of 2006 and learned Appellate court has been pleased to set aside the judgment and decree passed by the learned Trial court and remanded the suit to the Trial court for fresh disposal in the light of the observation made in the body of the judgment, in accordance with law.