PARUL DEY Vs. DEBRANI MONDAL

JUDGEMENT

(1.) This second appeal has been preferred against judgment and decree both dated October, 25th, 2005 passed by learned judge, 12th Bench, City Civil Court, Calcutta in Title Appeal No. 30 of 2003 arising out of judgment and decree passed by learned judge, 5th Bench, Small Causes Court, Calcutta, in Ejectment Suit No. 166 of 2000 on 30/1/2003

(2.) The appellant herein as plaintiff being the owner of the suit property filed aforesaid Ejectment Suit against the respondents herein who are premises tenant in respect of suit property, at a rental of Rs.85.00 per month, payable according to english calendar month. In the said suit plaintiff /appellants alleged that the defendants have stopped payment of rent since June, 1993 and as such defendants are defaulter in payment of rent. It was further alleged in the plaint that the suit premises is reasonably required for the use and occupation of the family members of the plaintiff, since they have no other suitable accommodation. The Trial court decreed the suit vide judgment and decree dtd. 30/1/2003 on the ground of default and reasonable requirement

(3.) Being aggrieved and dissatisfied with the said judgement passed by the Trial Court, the defendant preferred first appeal before the Chief Judge, City Civil Court, which was subsequently transferred to Judge, 12th Bench, City Civil Court, Calcutta for disposal. Learned First Appellate Court, after hearing the parties allowed the appeal and set aside the judgment and decree dtd. 30/1/2003 passed by learned judge, 5th Bench Small Causes Court, Calcutta in Ejectment Suit No. 166 of 2000.