SACHINDRA NATH PAL Vs. DINABANDHU ASH

JUDGEMENT

(1.) Heard the learned Advocates appearing for the respective parties.

(2.) This Second appeal has been preferred challenging the judgement and decree dated 20th Dec., 2001 passed by the learned Additional District Judge, Howrah in Title Appeal No. 51 of 2001 reversing the judgement and decree dated 26th Feb., 2001 passed by the learned Civil Judge (Junior Division), 4th Court, Howrah in Title Suit No. 28 of 1996.

(3.) A suit for eviction was filed praying decree for khas possession and mesne profits on the ground of reasonable requirement of the suit premises, building and rebuilding issue and also on the ground of default in payment of rent. The trial Court dismissed the suit on the ground that the plaintiff failed to establish his case of reasonable requirement of the suit premises as well as building and rebuilding issue by considering the issue Nos. 5, 6 and 7 as framed by the learned Court below. On the ground of default in payment of rent, the learned trial Court held that the defendant was entitled to get protection under Sec. 17(4) of the West Bengal Premises Tenancy Act, 1956 as it was a first default on the part of the defendant and by this process disposed of the issue No.4 as framed. The learned First Appellate Court reversed the judgement and decree of the trial Court by reassessing and reevaluating the evidence on record holding that the ground of reasonable requirement was proved by the plaintiff of the suit and accordingly passed a decree of eviction in respect of the suit room of the defendant/tenant who is the respondent herein.