LAWS(CAL)-2004-7-104

AESHOKE KR. GHOSH Vs. SRI NIRMAL KR. MITRA

Decided On July 08, 2004
Aeshoke Kr. Ghosh Appellant
V/S
Sri Nirmal Kr. Mitra Respondents

JUDGEMENT

(1.) This Second Appeal arises out of a Suit for eviction. The Plaintiffs filed a suit for eviction of the defendants/tenants on three grounds.

(2.) The Plaintiff, Ashoke Kr. Ghosh filed the suit on 18th Jan. 1980 before the Learned 4th Munsif and the suit was registered as T.S. 34 of 80. The original defendant, who was the tenant, Smt. Sefalika Mitra died and the present appellant Nirmal Kr. Mitra; the Son of Sefalika Mitra and the Proforma Defendant Nos. 2 to 4, who were the married daughters of the original defendant was substituted in place and instead as defendant Nos. 1 to 4. The suit was transferred to the Court of Learned Second Additional Munsif, where it was numbered as T.S. No. 96 of 85.

(3.) The plaintiff' amended the plaint and after amendment the case of the plaintiff stood as follows: