BEDANA DEVI Vs. ABDUL JAWAB

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of dismissal passed by Shri H. Chakravarty, the learned Judge, 10th Bench, City Civil Court, Calcutta in Ejectment Suit No. 769 of 1961 after remand by this court in appeal from original Decree No. 515 of 1963.

(2.) Plaintiffs filed the aforesaid suit for eviction of the defendant from the disputed room in the ground floor of the premises No. From the disputed room in the ground floor of the premises. No. 113/1A, Chittaranjan Avenue, on the ground of default in payment of rent, reasonable requirement of the plaintiffs' own use and occupation, waste and damage by making lofts in the disputed room without the knowledge of the plaintiffs and nuisance by stacking dirty waste papers emitting bad smell. The defendant contested the suit denying the allegations.

(3.) The trial court found the issues on the point of notice and on the points of reasonable requirement waste and nuisance in flavor of the plaintiffs but found against the plaintiffs the issue on the point of default in payment of rent. The trial court accordingly decreed the suit on the grounds of reasonable requirement, waste and nuisance. On appeal, the High Court by its judgment dated 24.6.70, upheld the findings open the issues of notice and default in the suit for fresh trial on the issues of reasonable requirement, waste and nuisance after giving opportunities payment of rent but remitted to the parties for fresh trial on the issues of reasonable requirement, waste and nuisance after giving opportunities to the parties for further evidence if any, subject to the direction that findings on the issues of the notice and default in payment of rent would not be reopened.