BASANTA BARIK Vs. RAJNARAYAN BASU MALLICK & ANR

JUDGEMENT

(1.) This second appeal is directed against the judgement and decree dated 17th May, 2016 passed by the learned Civil Judge (Senior Division), 3rd Court, Alipore in Ejectment Appeal No. 16 of 2015 affirming the judgement and decree dated 29th May, 2015 passed by the learned Civil Judge (Junior Division), 5th Court, Alipore in Ejectment Suit No. 194 of 2008 at the instance of the defendant/appellant.

(2.) Let us now consider the merit of the appeal to find out as to whether any substantial question of law is involved in this appeal for which the appeal is required to be admitted for hearing under the provision of Order XLI Rule 11 of the Code of Civil Procedure or not.

(3.) The plaintiffs filed a suit for eviction of the tenant/defendant on the ground of default in payment of rent and also for the reasonable requirement of the plaintiffs. The plaintiff no.1 is a lawyer. He claims that he reasonably requires the suit premises for carrying on his professional work as chamber therein. The suit premises comprises of only one asbestos room in the ground floor. The defendant/appellant appeared in the said suit and contested the same by filing written statement denying the allegations made out by the plaintiffs in the plaint.