MURARI MOHAN DAS Vs. SURESH CHANDRA GHOSH

JUDGEMENT

(1.) Respondent filed Title Suit Nos. 252 of 1970 on 12.9.70 for appellant's eviction from the suit premises, a shop room, stating that he was his monthly bharatia at a rent of Rs. 6/ - payable according to Bengali Calendar month, that he had validly terminated his tenancy by service of a combined notice of suit and notice to quit, that he reasonably required it for his own use by opening a business in cycle and rickshaw parts to be looked after by himself and his unemployed son.

(2.) The defendant contested the suit pleading resjudicata in bar, disputing service and validity of the combined notice of ejectment .and denying plaintiff's reasonable requirement of the room as stated by him.

(3.) The learned Munsif has decreed the suit holding against the defendant on all the points. His appeal to the district judge has also failed. District Judge has upheld learned Munsif's finding as to plaintiff's requirement of the suit room for business. Defendant tenant has filed this appeal.