KAMALADEBI MUKHERJEE Vs. ARUN DASGUPTA

JUDGEMENT

(1.) -This second appeal by the plaintiffs is directed against the judgment and decree passed by the learned Additional District Judge, 1st Court, Alipore in Title Appeal No. 161 of 1990 reversing those passed by the learned Munsif, 4th Court, Alipore in Title Suit No. 227 of 1987.

(2.) The plaintiff-appellants instituted the said suit against the defendant-respondents for eviction from the suit premises contending inter alia that plaintiff No. 2 is the owner of the house being the middle block of Premises No. 186, Harish Mukherjee Road renumbered as 1868 Harish Mukherjee Road in the name of his wife plaintiff No. 1. The defendants and other two sisters were joint-tenants under the plaintiff in respect of the entire first floor of Premises No. 186, Harish Mukherjee Road. Defendants are defaulters in payment of rent. Plaintiff No. 2 reasonably requires the suit premises for his own use and occupation and the use and occupation of the members of his family. The plaintiffs filed the suit after notice to quit upon the defendants through their Advocate calling upon them to quit and vacate the suit premises. The defendants received the notice but did not vacate the suit-premises.

(3.) The defendants contested the suit by filing a written statement in which it was pleaded inter alia that the suit was bad for non-joinder and mis-joinder of parties as plaintiff No. 2 was unnecessarily impleaded as party and Suit. Rita Dasgupta and Sort. Madhumita Dasgupta was have interest in the tenancy have not been impleaded. The defendants challenged the validity of the notice and maintainability of the suit. It was also denied that the plaintiff reasonably required the suit premises for his own use and occupation.