AJIT KUMAR KOTAL Vs. SAILESH KUMAR BOSE

JUDGEMENT

(1.) This Civil First Appeal is directed against the judgment and decree dated 31st August, 1982 and 4th September, 1982 respectively passed by the learned Judge, 2nd Bench, City Civil Court, Calcutte in Ejectment Suit No. 1482 of 1975.

(2.) The respondent No. 1 had filed a Suit for Ejectment against the appellant and the Respondent No. 2 with respect to a property comprising of five rooms, kitchen, bath and privy situated in the premises No. 39, Dr. Jagabandhu Lane, Calcutta-12. The suit was filed by the plaintiff/landlord on a number of grounds available to it under section 13 of the West Bengal Premises Tenancy Act, 1956, including the grounds of reasonable requirement, re-building and sub-letting. Ultimately, however, the plaintiff-landlord gave up the other grounds and confined his suit only to the ground of subletting. The following four issues were framed by the trial court for adjudication in the suit :

(3.) The finding of the trial court with regard to the first issue which was the main issue for trial between the parties, was that the appellant had in fact sublet a portion of the house in favour of the respondent No. 2, namely Shri Mahadeb Dolui. This finding was based on the evidence led by the plaintiff/landlord in the course of trial, including his own statement, the statements of the witnesses produced on his behalf.