GANESH CHANDRA MUKHERJEE Vs. BHARGABI DEBI

JUDGEMENT

(1.) This appeal is by the defendant and it arises out of a suit for ejectment, filed by the plaintiffs on 27th July, 1960, in the City Civil Court, Calcutta.

(2.) Ejectment was sought from the disputed premises No. 35/2, Sankar Haldar Lane, which the defendant had been occupying for some years as a tenant under the plaintiffs, at a monthly rental of Rs.15.84 nP., payable according to English calendar month. There was the usual notice of ejectment, upon which the instant suit was based.

(3.) In the suit, two grounds were taken for evicting the defendant from the disputed premises under the West Bengal Premises Tenancy Act, 1956, which, admittedly, governs the present case. Those grounds were - (i) requisite default in the payment of rent, and (ii) plaintiffs' reasonable requirement of the disputed premises for building and rebuilding, the specific allegation in this behalf being that the pucca stair-case from the ground floor to the first floor and the wooden staircase, leading from the first floor to the roof, required rebuilding and replacement.