SHANKAR DASGUPTA Vs. GAUTAM BANERJEE & ANR

JUDGEMENT

(1.) This second appeal is directed against the judgement and decree dated 13th March, 2015 passed by the Learned Additional District Judge, 1st Court, Alipore in R.C. Appeal No. 01 of 2013 affirming the judgement and decree dated 31st July, 2013 passed by the Learned Civil Judge (Junior Division), 6th Court, Alipore in Ejectment Suit No. 179 of 2004, at the instance of the defendant/appellant (tenant).

(2.) Let us now consider as to whether any substantial question of law is involved in this appeal for which the appeal is required to be admitted under the provision of Order 41 Rule 11 of the Code of Civil Procedure, or not.

(3.) The suit for eviction on the ground of reasonable requirement filed by the plaintiff no.2/landlord (transferee) was decreed by both the Courts below, with the concurrent findings of fact that the plaintiff no.2 reasonably required the suit premises for her own accommodation and for the accommodation of her family members. The ground of reasonable requirement was allowed to be taken by the transferee/landlady after expiry of one year from the date of transfer i.e. after the expiry of the restricted period as contemplated under Section 6(2) of the West Bengal Premises Tenancy Act, 1997.