PRABHAWATI SHARMA Vs. USHA PANDEY

JUDGEMENT

(1.) This second appeal is at the instance of the defendants/appellants and is directed against the judgment and decree dated January 31, 2011 passed by the learned Judge, City Civil Court, 5th Bench, Calcutta in Title Appeal No.53 of 2009 thereby affirming the judgment and decree dated August 31, 2009 passed by the learned Judge, Presidency Small Causes Court, 2nd Bench, Calcutta in Ejectment Suit No.922 of 2001. The respondents are the plaintiffs of the suit for eviction and recovery of possession in respect of the suit premises as described in the schedule to the plaint and they filed the said suit for ejectment, recovery of possession, mesne profits, etc. on various grounds after serving a notice to quit upon the defendants/appellants herein.

(2.) The defendants contested the said suit by filing an appropriate written statement denying the material allegations raised in the plaint and upon consideration of the evidence on record, the learned Trial Judge decreed the suit for recovery of possession, mesne profits, etc. on the ground of reasonable requirement as provided under Section 13(1)(ff) of the West Bengal Premises Tenancy Act, 1956.

(3.) The said judgment and decree was under challenge at the instance of the defendants/appellants before the First Appellate Court and upon re-assessment of the evidence on record, the learned First Appellate Court affirmed the decree holding that the plaintiffs required the suit premises for their own use and occupation and also for addition and alteration of the suit premises after demolition of the existing premises.