PRASANTA KUMER KUNDU AND ORS. Vs. KANAILAL KHAN

JUDGEMENT

(1.) This Second Appeal arises out of a suit for ejectment. The original suit being Title Suit No. 233 of 1966 was filed by the plaintiffs-landlords claiming ejectment against the defendants on the grounds of default in payment of rents and for reasonable requirement of the suit premises for their own use and occupation.

(2.) By Judgement and order dated 21st September 1967 the Ld. Trial Court was pleased to dismiss the suit on contest. While dismissing the suit the Ld. Trial Court, inter alia, held as follows:--

(3.) Altogether there are 7 rooms on the first floor out of which, according to the report of the local Inspection Commissioner, one room is used as a kitchen, one room as a bathroom, there is a covered verandah and the remaining 5 rooms can be used as living rooms. The Ld. Trial Court thereafter went into a detailed account of the possible use of each of the rooms by the plaintiffs and held that while the 'pujo' room cannot be used for sleeping, the other two rooms could not be deemed to be unfit for use in appropriate ways by the members of the plaintiffs' family.