SUSHIL RANJAN GHOSH Vs. BIMALA BASU

JUDGEMENT

(1.) This appeal by the tenant Defendant under Clause 15 of the Letters Patent is directed against the decision of Chittatosh Mookerjee J. in appeal from original decree No. 172 of 1973 affirming those of the Judge, Tenth Bench, City Civil Court, Calcutta, whereby he directed the tenant Defendant to be evicted from the disputed premises.

(2.) The suit out of which this appeal arises is for eviction of a monthly tenant at will upon service of notice to quit on the ground of default, reasonable requirement of the Plaintiffs for the purpose of building and re-building and for carrying out certain alterations in the disputed premises as also the ground that the Defendant had been using the premises in dispute for a purpose other than residential for which the premises was let out.

(3.) The Plaintiffs alleged that the Defendant was a defaulter from March 1970 onward and the Plaintiffs, accordingly, caused a notice to quit to be issued and served on the Defendant Appellant requiring him to quit and vacate the disputed premises being No. 55B Keshab Chandra Sen Street, P.S. Amherst Street, Calcutta, with the expiry of the month of August 1970, but the Defendant has failed or neglected to comply and hence the suit for eviction.