SARDAR SINGH Vs. BIMAL KRISHNA BASU AND ORS.

JUDGEMENT

(1.) The facts leading up to the present appeal may shortly be stated as follows.

(2.) The plaintiff Bimal Kumar Basu is the executor to the estate of late Jatindra Nath Sarkar who was, the admitted owner of the suit premises No. 26/1A Deodar Street at Ballygunje in the south suburbs of Calcutta. It was a small two-storeyed building comprising four rooms, two in the ground floor and two in the first, with a small passage, a covered hall, according to the appellant connecting the two rooms on each floor. It appears also reasonably clear from the affidavits, filed before me, that the kitchen, the water tap and the reservoir are on the ground floor although there are two privies, one in each floor.

(3.) In or about the year 1939, the then owner Jatindra Nath Sarker let out the suit premises to the two defendants Bhag Singh and Sardar Singh on a monthly basis and the said tenancy continued after Jatindra's death under the present plaintiff. In March, 1951, the plaintiff terminated the defendants' tenancy by an appropriate notice to quit and, thereafter, on 26th May, 1951, the present suit for ejectment was instituted in the Second Court of the Munsif at Alipore One of the material allegations in the plaint was to the effect that the suit premises were required "bona fide" (reasonably) by the plaintiff executor "for the use and occupation of the beneficiaries for whose benefit the said premises is held". There is no dispute that, under Jatindra's will, his daughter, Sm. Swarnalata Ghose, obtained the suit property in absolute right so that, upon her death during the pendency of the present suit, her only son, Samir Kumar Ghose, became entitled to the same. Samir Kumar's father Jamini Kanta is also alive.