TARA DEVI JALAN Vs. RADHESHYAM RUIA

JUDGEMENT

(1.) This is a suit for eviction, on the ground of reasonable requirement for the plaintiff's own use and occupation, as also for the use and occupation of some of the family members of the plaintiff, in particular the plaintiff's youngest son, his wife and their infant daughter.

(2.) The plaintiff is a widow aged 54 years. She is the owner of the five storied building situate at No. 68-A/ 1-B, Nimtala Ghat Street, in Calcutta to which, I shall hereinafter refer as, the building. She is occupying and residing in the second floor flat and also a kutcha room on the terrace of the building together with her three sons and their respective families. In all there were twelve members of the family, including the plaintiff, residing in and occupying the second floor flat, which is approximately 1600 square feet.

(3.) Plaintiff instituted this suit on March 4, 1992 against Mahabir Prosad Ruia who was the then tenant in the fourth floor of the building which shall hereinafter be referred by me as the "suit premises ". The defendant filed his Written-Statement and thereafter, on December 21, 1993, he died. The present defendants are the legal heirs and representatives and have been substituted and brought on record. The substituted defendants, to whom I shall refer, as the defendants, have also filed their Written-Statement.