NATAI BHATTACHRJEE Vs. ARUNODAY DUTTA

JUDGEMENT

(1.) This first appeal is against the judgement and decree passed in ejectment suit No. 846 of 1984 by the learned Judge of the 11th Court of City Civil Court, at Calcutta, on 24th August, 1999. In the month of August, to be precise on 31st August, 1994, the respondent/plaintiff herein Arunoday Dutta instituted a suit for ejectment against the appellant/defendant herein Netai Chandra Bhattacharjee claiming ejectment of Netai from the suit premises and vacant possession thereof.

(2.) The main grounds upon which the said suit was instituted against the defendant/tenant Netai appear to be as follows :- The defendant/tenant Netai became a defaulter in payment of monthly rent to the plaintiff since June 1980. The suit premises was reasonably required by the plaintiff, Arun for his own occupation.

(3.) The defendant, Netai without the consent of his landlord Arun in writing illegally created a sub-tenancy in favour of one Sri Paritosh Chakraborty within the meaning of section 13(1)(a) of the West Bengal Premises Tenancy Act 1956. Netai being the only defendant and the tenant of the suit premises contested the said suit by filing his written statement to which I shall refer to a little later.