MAYA RANI DAS Vs. SUMIT KUMAR BOSE

JUDGEMENT

(1.) THE instant second appeal is filed by defendant/appellant against the judgment and decree dated 31st August, 2001 passed by the First Court of Additional District Judge, Howrah in title appeal No.103 of 2000 affirming the judgment and decree dated 27th April, 2000 and 16th May, 2000 respectively passed by the learned Civil Judge Junior Division, 7th Court, Howrah in title suit No.13 of 1986.

(2.) FACTUAL backdrop of this case is one Niranjan Bose being owner of premises No.160, 159/3 Mahendra Bhattacherjee Road inducted predecessor in interest of the present appellants as tenant in respect of one shop room at holding No. 160, Mahendra Bhattacherjee Road on monthly rental of Rs.60/ - per month according to bengali calendar month. The original defendant is a habitual defaulter in payment of rent since pous, 1935 B. S. The original plaintiff installed the supply of electricity in the suit room for his own use and occupation to start business in the name of ''Santragachi Engineering Works ''. The original plaintiff had cordial relation with the defendant and the plaintiff alleged he installed the meters in the name of defendant/tenant. Since the suit premises is reasonably required for his own use and occupation and also for building/rebuilding the original plaintiff tender notice of ejectment by registered post which was duly received by the defendant/tenant but he did not vacate the suit premises in spite of expiry of the dates stipulated in the notice. Therefore, plaintiff brought the suit for eviction and khas possession against the defendant/tenant.

(3.) BEING aggrieved and dissatisfied with impugned judgment and decree of the Trial Court defendant preferred first appeal before the First Court of Additional District Judge, Howrah and the appeal was numbered as title appeal No.103 of 2000. The First Appellate Court framed five points to the following effect: -