L BANERJEE Vs. DIPAK DUTTA CHOUDHURY

JUDGEMENT

(1.) On May 4, 1949, the Appellant landlady instituted the present suit for ejectment of the tenant Defendant from the disputed premises, comprising inter alia, the "entire first floor and south west room of the ground floor of "Premises No. 8/1, New Boad, Calcutta". In the suit there was also a claim for damages or mesne profits against the Defendant.

(2.) The suit was instituted after service of the usual notice to quit and upon the allegation, inter alia, that the suit premises were required by the Plaintiff bona fide for her own use and occupation as contemplated in Section 11(i)(f) of the Rent Control Act of 1948 which was then in force. On receipt of summons the Defendant duly appeared in the suit and he vehemently contested the Plaintiff's claims.

(3.) On November 24, 1949, several issues were framed and, on the Plaintiff's petition, the court fixed January 4, 1950, for the hearing of the issue of bona fide requirement as a preliminary issue as laid down in Section 17 of the Rent Control Act of 1948. This issue was actually taken up for hearing on March 24, 1950 and, in the meantime, both parties had filed affidavits and also various documents and they had also cited and summoned witnesses.