SWARNALATA BAGCHI Vs. KANTA BALA DASS

JUDGEMENT

(1.) This appeal is by the tenants defendants and it arises out of a suit for ejectment. It is directed against the decree for ejectment, passed against the appellants ex parte by the learned trial Judge.

(2.) The suit was brought on May 1, 1963, after service of the usual notice of ejectment, on tne ground of the plaintiff's reasonable requirement of the disputed premises for her own use and occupation under the relevant rent control law, the West Bengal Premises Tenancy Act, 1956.

(3.) The defendants appeared and filed a written statement, contesting the plaintiff's claim, but, as it appears, the suit was allowed to be decreed ex parte on the date of hearing. On this date, the defendants applied for examination of defendant No. 1 on commission. That application, for reasons, given by the learned trial Judge, was rejected, and, thereafter, the defendants did not appear and the suit was heard ex parte and decreed.