SNEHALATA MUKHERJEE Vs. AJIT BEHARI MUKHERJEE

JUDGEMENT

(1.) THIS appeal is at the instance of the defendants and it arises out of a suit for eviction and manse profits.

(2.) THE case of the plaintiffs was that Premises no. 8/13, Creek Lane, Calcutta belonged absolutely to their father Basanta Behari Mukherjee, who died on March 5, 1964, leaving behind him a Will dated January 23, 1959. By the said Will, the said premises was bequeathed absolutely to the plaintiffs. The plaintiffs had taken probate of the said Will on September 30, 1967. Under the terms of the Will, the said premises was to be divided into two equal portions-northern and southern. Either of the plaintiffs would get one such portion. The defendants were monthly tenants in respect of the first floor of the said premises. The plaintiffs determined the tenancy of the defendants by the service of a notice to quit. They required the suit premises, that is, the portion of the first floor in occupation of the defendants, for the purpose of giving effect to the amicable partition of the said premises made by and between them by a Deed of Partition in accordance with a plan. It was alleged that the plaintiffs reasonably required the said premises for purposes of building or rebuilding or for making substantial additions or alterations thereto for their own occupation. Further it was alleged that the defendants were defaulters in payment of rents. As the defendants did not vacate the suit premises in spite of the service of the notice to quit, the plaintiffs instituted the suit for eviction.

(3.) THE defendants entered appearance and contested the suit by filing a written statement. They denied the allegation that the plaintiffs required the suit premises for purposes of building or re-building so as to effect partition in accordance with the partition plan prepared by the plaintiffs.