BELARANI GHOSE Vs. SUJIT KUMAR BARMAN

JUDGEMENT

(1.) This is a tenant Defendant's second appeal arising out of a suit for ejectment. The ground was building and rebuilding. The trial Court, on consideration of the evidence, dismissed the suit. The Court of appeal below reversed the same. Hence the instant second appeal by the tenant Defendant.

(2.) On going through the judgment and after hearing the learned Advocates for the parties, I am of opinion that the judgment of the Court of appeal below is wholly erroneous and cannot be sustained. The learned Subordinate Judge is of the view that a decree for ejectment on the ground of building and rebuilding can be granted, even though the Plaintiff landlord does not submit any plan to the Corporation of Calcutta, nor does he prepare any estimate of costs for the purpose of such building and rebuilding. He had noted that these things could be done at any time; in other words, the learned Subordinate Judge was of the view that the plan could be submitted before the Corporation, even after the ejectment decree was passed, which opinion in my view, is absolutely wrong. The main basis for getting an ejectment decree being absent in the instant suit, the landlord Plaintiff's suit must fail.

(3.) For this reason, the appeal must be allowed and the judgment and decree of the Court of appeal below must be set aside and those of the trial Court restored and affirmed.