LAWS(CAL)-1965-5-38

CHIRANJILAL AGARWALLA Vs. BANDHURAM PANWALLA

Decided On May 26, 1965
CHIRANJILAL AGARWALLA Appellant
V/S
BANDHURAM PANWALLA Respondents

JUDGEMENT

(1.) This appeal is by the Plaintiff and it arises out of a suit for ejectment. On the plaint, as it stands, the suit appears to have been brought under the West Bengal Premises Tenancy Act, 1956, and, originally, the plaint contained only one ground of ejectment under that Act, namely, reasonable requirement for the Plaintiff's occupation, including occupation for his business.

(2.) In the course of the proceedings in the trial Court, however the plaint was amended by adding also a ground of default.

(3.) The suit was contested by the Defendant, who denied the Plaintiff's material allegations, namely, of Plaintiff's reasonable requirement of the disputed premises and, also, of default. It was also part of the defence case that defaults, if any, had been waived by withdrawal of the amounts in question from the Rent Controller. There was also a plea that the notice of ejectment was not served upon the Defendant.