BISWADEV MUKHERJEE Vs. GOURMOHAN DAS DE

JUDGEMENT

(1.) THIS second appeal is at the instance of the defendants in a suit for eviction and is directed against the judgment and decree dated January 15, 1990 passed by the Assistant District Judge, Howrah reversing those dated February 28, 1989 passed by the learned Munsif, 3rd Court, Howrah in Title Suit No. 34 of 1984.

(2.) THE original respondents filed the aforesaid suit for eviction of the appellants on the ground of default in payment of rent, reasonable requirement, causing damages to the suit properties, making unauthorised construction in the suit property and causing annoyance to the neighbours.

(3.) THE appellants contested the aforesaid suit by filling written statement as well as additional written statement thereby denying material allegations made in the plaint. In the additional written statement filed by the appellant, they specifically stated that suit was not maintainable for not adding all the tenants in the suit. They specifically averred that Keshab Ranjan Mukherjee the father of appellants Nos. 1 and 2 and the husband of appellant No. 3 was the original tenant of the suit property who died leaving appellants and also other two sons and three daughters. In the additional written statement names of all the heirs of the original tenant was mentioned.