ANUPAM DUTTA Vs. BELA MUKHERJEE

JUDGEMENT

(1.) A suit for eviction of a tenant under the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as 'said Act') stood decreed by the Trial Court and such decree is affirmed by the First Appellate Court. The eviction was sought, inter alia, on the ground of default, reasonable requirement and guilty of waste and damages, but the Trial Court proceeded to decree the suit on the ground of default as the defendant/appellant did not comply the mandatory provisions contained under Sec. 7(1) and (2) of the said Act and the defence was struck off under Sec. 7(3) of the said Act.

(2.) Naturally, the moment the defence is struck off, the written statement filed by the tenant/defendant shall not be taken on record nor shall be permitted to adduce evidence in respect of such defence. The only right, which is conferred upon such tenant, is to cross-examine the plaintiffs' witness. The Trial Court was of the view that in view of the non-compliance of the mandatory provisions contained under Sec. 7(1) and (2) of the said Act and the defence having struck off, the defendant/appellant is regarded as defaulter in payment of rent, which is one of the grounds on which the Court can pass a decree for eviction against the tenant.

(3.) According to the Counsel for the defendant/appellant, there is no discussion or finding returned by the Trial Court on the other grounds viz. reasonable requirement and guilty of waste and damages, but the Appellate Court while affirming the judgment and decree of the Trial Court considered the aforesaid grounds and also found that the plaintiffs/respondents have been able to prove that they reasonably require the suit premises for their own use and occupation and for occupation of their family members.