TUSHAR CHAKRABORTY Vs. SANTOSH KUMAR BENERJEE

JUDGEMENT

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

(2.) After the remand order passed by the second appellate Court, namely, Bhaskar Bhattacharya, J. in S. A. No. 466 of 1996, the matter has come up for final hearing to consider the findings of the first appellate Court "on remand issue" as framed.

(3.) The suit was an eviction suit against the tenant, who is the appellant herein on the ground of default and reasonable requirement. The trial Court decreed the suit in favour of the landlord being Title Suit No. 258 of 1986. On reasonable requirement issue the trial Court held that the plaintiff/landlord being an Ex-Reader of Rabindra Bharati University, being a Sitarist to coach the students had the necessity of one room. The trial Court further held that the landlord with a family of three members, the landlord, his wife and the daughter since is occupying only four rooms without any kitchen, got the necessity to evict the tenant to use the said tenanted room as a kitchen.