SHANTI DEVI KHANDELWAL Vs. SANJAY JHUNJHUNWALA

JUDGEMENT

(1.) This second appeal, at the instance of the plaintiffs is directed against the judgment and decree dated July 12, 2010 passed by the learned Judge, 3rd Bench of City Civil Court at Calcutta in Title Appeal No. 22 of 2009, reversing the judgment and decree dated December 15, 2008 passed by the learned Judge, 5th Bench of the Presidency Small Causes Court at Calcutta in Ejectment Suit No. 59 of 1999 directing eviction of the defendant respondent from the suit property.

(2.) I consider it convenient to refer to the parties in this appeal by their array before the learned trial Judge. The brief facts relevant for the decision in this appeal are stated below.

(3.) The plaintiff no. 1 as the trustees to the estate of Smt. Kissan Deye Khandlewal filed the ejectment suit, before the learned trial Judge, against the defendant claiming a decree for his eviction from the suit property comprising three rooms, one kitchen-cum-storeroom, bath-cum-privy and two verandas on the first floor of premises no. 3, Jyotindra Mohan Avenue, Burtala, Kolkata - 700006 (hereinafter referred to as "the suit property"). The plaint case was that the defendant was a tenant in respect of the suit property under the provisions of the West Bengal Tenancy Act, 1956 (hereinafter referred to as "the Act of 1956") and in spite of receipt of a notice dated October 25, 1999 under Section 13(6) of the Act of 1956, the defendant failed to deliver peaceful and vacant possession of the suit property to the plaintiffs on the expiry of the month of November, 1999. The grounds urged for eviction of the defendant from the suit property were, inter alia, that the latter, without any consent of the plaintiff no. 1 in writing, changed the mode of user of the suit property from residential purpose to business purpose, he committed acts of nuisance and annoyance at the suit property and that the plaintiff no. 1 reasonably required the suit property for himself and his family when they have no other reasonably suitable alternative accommodation elsewhere except the suit property.