BALAI CHANDRA HAZRA Vs. SHEWDHARI JADAV

JUDGEMENT

(1.) This appeal by the defendant under Clause 15 of the Letters Patent is directed against the judgment and decree passed by M. M. Dutta, J. in Second Appeal No. 1162 of 1967 affirming the decision of the Courts below decreeing the plaintiffs suit for ejectment against the defendant.

(2.) The suit out of which this appeal arises was for eviction of a monthly tenant-at-will upon service of notice to quit on the ground of reasonable requirement,

(3.) The plaintiffs case, in brief, is that the defendant appellant had been in occupation of two rooms, kitchen and bath, in the ground floor of permises No. 16/1A, Ram Ratan Bose Lane, Shyambazar at a rental of Rs. 37/- per month payable according to English Calendar which was purchased by the plaintiff with the tenants in the premises. There were two other tenants, one in the first floor and another in the second floor and the plaintiff filed three suits of ejectment against three tenants separately. The plaintiff alleged that he was living in a rented house with bis family and dependents and the accommodation therein was wholly insufficient. The plaintiff accordingly purchased the suit premises for better accommodation alleging that he reasonably required the same for his own use and occupation and thereafter caused a notice to quit to be served on the defendant-appellant requiring him to quit and vacate the disputed premises with effect from a certain date, but as the defendant failed and neglected to comply, the instant suit was instituted.