KIRON LAL BANERJEE Vs. RAJIA BEGUM

JUDGEMENT

(1.) These two appeals by the plaintiff arise out of the appellate decrees passed in Title Appeal Nos. 590 of 1977 and 591 of 1977 which were tried analogously, affirming the judgment and decrees passed by the learned Munsiff, second Additional Court, Alipore in Title Suit Nos. 92 of 1976 and 6 of 1977 which also were tried analogously and disposed of by the same judgment.

(2.) The suits were for eviction of the defendants from two different tenancies each comprising one single room; a shop room in one case and a godown in another. The grounds for eviction were sub-letting, default and reasonable requirement. The first two grounds were not ultimately pressed and the only ground that was banked upon was reasonable requirement. According to the plaintiff, he did not get any vacant habitable room in his share on partition of their joint properties and consequently he was in need to construct a new building for his own use and occupation on the site of the two tenancies in question. The plaintiff accordingly, terminated the tenancies by quit notices, which were duly served upon the defendants by registered post, but the defendants having failed and neglected to oblige the plaintiff, he has come forward with the instant suits.

(3.) The defense inter alias was a denial of the plaintiff's allegation that he required the suit premises for his own use and occupation.