RAHIM KHAN Vs. KHODIJA

JUDGEMENT

(1.) This second appeal is directed against the judgement and decree dated 26th May, 2015 passed by the Learned Additional District Judge, Fast Track Court, Serampore in Title Appeal No. 75 of 2014 affirming the judgement and decree dated 31st August, 2002 passed by the Learned Civil Judge (Junior Division), 2nd Court, Serampore in Title Suit No. 357 of 1997, at the instance of the defendant/appellant.

(2.) The plaintiff/respondent is the transferee landlord of the defendant/appellant. After purchasing the suit property from the erstwhile admitted landlord of the defendant/appellant, the plaintiff filed a suit for eviction against the defendant/appellant on the ground of default and also on the ground of violation of the provision of Section 108(m)(o)(p) of the Transfer of Property Act. During the pendency of the said suit, the plaintiff/respondent amended the plaint and thereby incorporated an additional ground of eviction i.e., ground of reasonable requirement. Such amendment was prayed for after expiry of the restricted period as mentioned in Section 13(3A) of the West Bengal Premises Tenancy Act, 1956. The defendant/appellant contested the said suit by filing written statement denying the material allegations made out by the plaintiff in the plaint. He also filed an additional written statement denying the plaintiff's claim for eviction on the ground of reasonable requirement. The Learned Trial Judge after considering the pleadings of the parties and their evidence was pleased to decree the suit on contest in favour of the plaintiff. An eviction decree was passed on the ground of violation of the provision of Section 108(m)(o)(p) of the Transfer of Property Act and also on the ground of reasonable requirement. Since the relief under Section 17(4) was granted to the defendant/appellant, no decree was passed on the ground of default in payment of rent against the defendant.

(3.) Being aggrieved by and dissatisfied with the said judgement and decree passed by the Learned Trial Judge, the defendant/appellant preferred an appeal before the Learned First Appellate Court.