K. VASUDEVA RAO Vs. JADUN NANDAN TRIVEDI

JUDGEMENT

(1.) This appeal is at the instance of the defendant and it arises out of a suit for eviction.

(2.) It is alleged by the plaintiff that he requires the suit premises, which is a single room in the ground floor of premises No. 25A, Chittaranjan Avenue, Calcutta for the purpose of chamber of his son, Gaya Prasad Trivedi, Gaya Prasad Trivedi, the son of the plaintiff, passed the LL.B. examination in 1967 that is, prior to the institution of the suit. It is the plaintiff's case that his son requires a chamber as he intends to practice as an Advocate of this Court. There is no dispute that Gaya Prasad has since become an Advocate of this Court. He was enrolled as an Advocate in May, 1969. It has also been alleged by the plaintiff that the defendant has been guilty of conduct which is a nuisance and/or annoyance to the plaintiff as well as to the other occupants and neighbours. Further the plaintiff alleges that the defendant is guilty of waste resulting in the material deterioration of the condition of the premises and that he has made substantial additions and alterations of permanent nature in the suit premises. On these grounds, the plaintiff asked for the eviction of the defendant from the suit premises.

(3.) The defendant denied that the plaintiff reasonably required the suit premises, as alleged. Further, the defendant denied the other allegations of the plaintiff.