PRANABESH ADHIKARI Vs. SUKANTA SINGHA AND ANOTHER

JUDGEMENT

(1.) This second appeal is directed against the judgement and decree dated 16th January, 2015 passed by the Learned Judge, 3rd Bench, City Civil Court at Calcutta in Title Appeal No. 1 of 2014 affirming the judgement and decree dated 23rd September, 2013 passed by the Learned Judge, 6th Bench Presidency Small Cause Court in Ejectment Suit No. 77 of 2008, at the instance of the defendant/appellant.

(2.) Let us now consider as to whether any substantial question of law is involved in this appeal for which the appeal is required to be admitted under the provision of Order 41 Rule 11 of the Code of Civil Procedure, or not.

(3.) Here is the case where we find that the plaintiffs filed a suit for eviction against the defendant on the ground of default in payment of rent and also on the ground of reasonable requirement. It is alleged by the plaintiff no.1 that his family consists of nine (9) members viz. the plaintiff no. 1 himself, his wife, his son, his mother, three aunts and two brothers. It is alleged by the plaintiff no.1 that he has three rooms in his possession. One of such rooms is on the ground floor and the other two rooms are on the first floor of the said premises. The defendant is tenant in respect of the two rooms in the suit premises. The other two rooms of the suit premises are in possession of another tenant. The plaintiff no.1 thus, claimed that he reasonably required at least 12 rooms in the said premises to accommodate himself and the members of his family. The plaintiff no.1 also claimed that the defendant is a defaulter in payment of rent since May, 2006.