ASHIMA BISWAS Vs. SAMARENDRA NATH SIRKHEL & ORS

JUDGEMENT

(1.) This second appeal is directed against the judgement and decree passed by the learned Civil Judge (Senior Division), 3rd Court, Howrah on 27th April, 2015 in Title Appeal No. 236 of 2011 affirming the judgement and decree dated 6th September, 2011 passed by the learned Civil Judge (Junior Division), 1st Court, Howrah in Title Suit No. 7 of 1996 at the instance of the defendant/appellant.

(2.) Let us now consider the merit of the appeal to find out as to whether any substantial question of law is involved in this appeal for which the appeal is required to be admitted for hearing under the provision of Order XLI Rule 11 of the Code of Civil Procedure or not.

(3.) The plaintiffs filed a suit for eviction against the defendant on the ground of reasonable requirement of the plaintiffs and other members of his family. Both the courts below found that there are altogether 12 members in the plaintiffs' family. Both the courts below held that the plaintiffs require at least 3 bedrooms for 3 married couples and 4 bedrooms for the remaining 4 other individual members. Thus the plaintiffs require at least 7 bedrooms for their accommodation. Apart from the 7 brothers, they have 5 married sisters who cannot be accommodated in the suit premises during the period of their visit due to shortage of accommodation in the suit premises. The courts below thus held that such a big family requires at least one drawing room, one thakurghar and a guestroom. Thus the plaintiffs require at least 10 rooms for their accommodation.