KALYANI BHATTACHARJEE Vs. MONORANJAN ROY

JUDGEMENT

(1.) - This appeal relates to the dismissal of a suit for eviction under the West Bengal Premises Tenancy Act, 1956 on the grounds of default in payment of rent, sub-letting and reasonable requirement of the suit-premises for own use and occupation. The suit-premises mean two rooms and a kitchen at the ground floor of premises No. 286A, Chittaranjan, Avenue, P. S. Jorasanko, Calcutta, as well as one bathroom and one privy on the open land in an adjacent premises, being premises No. 284 Chittaranjan Avenue, Calcutta.

(2.) The plaintiffs-appellants filed the suit for eviction on the aforesaid grounds. In the suit, there was also a prayer for permanent injunction for restraining the defendant-respondent from making any addition, alteration and/or construction and from changing the character of the tenancy described in Schedules 'A' and 'B' to the plaint. There was a further prayer for recovery of khas possession of the remaining vacant land in premises No. 284, Chittaranjan Avenue, Calcutta, which was described in Schedule 'C' to the plaint.

(3.) The suit was contested by the respondent by filing a written statement, wherein all the material averments in the plaint were denied. The respondent alleged suspension in payment of rent by him since July, 1974 on the ground of dispossession from a small room under the stair-case at premises No. 286A, Chittranjan Avenue, Calcutta on 30.6.74.