KRISHNA KUMAR BHOWMICK Vs. GOBINDA CHANDRA DUTTA

JUDGEMENT

(1.) THIS appeal from Original Decree, is directed against the judgment and decree dated 16th March, 1981, passed by Shri J.K. Bhattacharjee, learned Judge, 8th Bench, City Civil Court at Calcutta, in Ejectment Suit No. 343 of 1973 (Gobinda Chandra Dutta v. Krishna Kanta Bhowmick)-. It should be noted that the above Appeal being analogous to F.A. No. 123 of 1981, which arose out of judgment and decree passed in Ejectment Suit No. 281 of 1974 (Gobinda Chandra Dutta v. Kandarpa Mohan Chowdhury) and as made by the said learned Judge, was heard together, since the facts, issue and point of laws as involved, were the same. It should also be noted that by the same judgment and decree, the learned Judge concerned also decreed Ejectment Suit Nos. 777 and 778 of 1973 (Shri Gobinda Chandra Dutta v. Gopal Chandra Das) but no appeal having been taken from the determinations in those suits, the determinations which we shall be making now, will be in respect of F.A. Nos. 122 and 123 of 1981 only.

(2.) THE four suits mentioned above, were for recovery of khas possession of the premises in question, on the ground of reasonable requirement and for own use and occupation of the owner landlord Shri Gobinda Chandra Dutta. It was his case that the concerned premises No. 8A, Mondal Street, P.S. Jorabagan, Calcutta, belonged to him and on the date of filing the suits, he had in his possession only two bed-rooms on the first floor, one of which was used by him as a thakurghar and the other one as a kitchen. It was the case of the plaintiff that his family consisted of himself, his wife, his eldest son aged about 26 years and another son aged about 28 years and five unmarried daughters. It was stated by the plaintiff that at the relevant time, the eldest son was employed with the State Bank of India and the other son was studying in M. Com. It has further been stated by him that out of the five unmarried daughters, three were students reading in classes X, VI and II. It would appear that one of the five daughters was married after the suit was filed. According to the plaintiff, the defendant appellant in F.A. No. 122 of 1981, Krishna Kanta Bhowmick was a monthly tenant in respect of one room and a kitchen on the ground floor of the premises in suit and the rent, which was payable according to English calendar month was Rs. 27. It was also his case that the defendant/appellant in F.A. No. 123 of 1981, Kandarpa Mohan Chowdhury was also a monthly tenant under him, in respect of one room on the first floor and a kitchen on the roof of the premises in question, at a monthly rental of Rs. 22 which was payable according to Bengali calendar month. So far Gopal Chandra Das, against whom the plaintiff/respondent got ex parte decree in the concerned suits held two tenancies consisting of one room and one kitchen on the ground floor which was relevant for Ejectment Suit No. 777 and he used to pay a monthly rental of Rs. 21 and such rent was payable according to Bengali calendar month. The other tenancy of the said Gopal Chandra Das, which was relevant for Ejectment Suit No. 778 of 1973, consisted of one room on the first floor and the rent payable for the same was Rs. 27 per month. Such rent was said to be payable according to English calendar month.

(3.) IT was further pleaded that the tenancies were duly determined notices were issued and served combined notice of ejectment of suit on the defendants. In spite of due receipt of such notices they failed and neglected to vacate the premises in their occupation or to comply with the requirements of the notices. So far the suits out of which the present appeal has been taken further claim was made on account of nuisance and annoyance.