DEB KUMAR MUKHERJEE Vs. ABHOYPADA BANERJEE

JUDGEMENT

(1.) This appeal arises out of a suit instituted by respondent Abhoypada Banerjee for evicting the appellants from premises Nos. 5B, Justice Chunder Madhub Road, Bhowanipore, Calcutta, after service of a notice to quit. The only ground lor eviction was that the premises were reasonably required by the landlord for purposes of building and re-building. There was also a prayer for recovery of mesne profits from the date of determination of the tenancy until recovery of possession of the premises by the landlord.

(2.) The tenants defendants contested the suit denying service of the notice as well as its validity and also denying the alleged requirement of the plaintiff landlord. These objections were disallowed and the suit was decreed by the trial court. An appeal was preferred by the defendants which was dismissed. So, the defendants have come up to this Court in second appeal.

(3.) Mr. Banerjee appearing on behalf of the tenants appellants submitted two points for my consideration first, the requirement of the plaintiff landlord cannot be held to be reasonable specially in view of the explanation appended to Clause (h) of Sub-section (1) of Section 12 of the Rent Control Act of 1950 and secondly, the work of building and re-building which the landlord proposes to do is capable of being done without dislodging the tenants from the disputed premises. I shall consider these two contentions one after another.