JAYANTA KUMAR GHOSE Vs. SOVANA RANI DEB

JUDGEMENT

(1.) This appeal is by three of the Defendants of the instant suit for ejectment out of which it has arisen. The Appellants before us were Defendants Nos. 1, 3 and 4 in the trial Court. They, along with pro -forma Defendant Respondent No. 4 who was Defendant No. 2 in the trial Court, were the tenants under the Plaintiffs (Respondents Nos. 2 and 3) in respect of the disputed promises No. 9 Dehi Entally Road. The tenancy bore a rental of Rs. 32 per month payable according to the English calendar.

(2.) According to the Plaintiffs the said tenancy was determined by the service of appropriate notices of ejectment on the Defendants and as the Plaintiffs,, according to them (Plaintiffs), required the disputed premises reasonably for their own use and occupation after building and rebuilding, they claimed to be entitled to a decree.

(3.) The material defence was of a two -fold character, viz., (i) that there was no valid or proper service on the Defendants of the requisite notice or notices of ejectment and (ii) that the Plaintiffs' case of reasonable requirement of the disputed premises for their own use and occupation was not true.