SHILA SANYAL Vs. PROVAT KUMAR PAL

JUDGEMENT

(1.) This is an appeal against the judgment and decree dated 30th July, 2001 passed by learned Second Court of Civil Judge, (Senior Division), Alipore, 24-Parganas (S) in Title Appeal No. 233 of 1998 thereby affirming the judgment dated 30th July, 1998 passed by learned Civil Judge, (Junior Division), First Court, Alipore, in Title Suit No. 584 of 1991.

(2.) The background of the present case may briefly be stated as follows: Respondent No. 1, namely, Provat Kumar Pal, as plaintiff, filed a suit being Title Suit No. 584 of 1991 for eviction and recovery of possession. While claiming to be the owner of the suit property, he stated that the defendants are tenants at monthly rental of Rs. 275/- payable according to English Calender month. He claimed that he has reasonable requirement of the suit premises for his own use and occupation as well as for his family. He does not have reasonably suitable alternative accommodation. Notice of ejectment dated 05.10.1991 was served upon the defendants but they did not vacate the suit premises.

(3.) The said suit was contested by the defendant Nos. 1 and 2. Apart from denying all the material allegations made in the plaint, they challenged service of legal, valid and sufficient notice of ejectment. They alleged that there was no proper service of notice of ejectment upon defendant Nos. 3 and 4. It was stated that plaintiff alone being not the owner of the suit property the suit is bad for non-joinder of necessary party. They denied that the plaintiff reasonably requires the suit premises and claimed that he has alternative accommodation elsewhere as he is owner of the premises No. 42/216, New Ballygunj Road, which is also in his possession. It was further stated that the suit was filed out of grudge as they did not agree to enhance the rent. Dismissal of the suit with cost was so prayed for.