HIRENDRA NATH BASU Vs. KSHETRA MOHAN DUTTA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 27.2.96 passed by the learned Judge, 12th Bench of the City Civil Court at Calcutta in Ejectment Suit No. 182 of 1993. This appeal is directed against the judgment and decree dated 27.2.96 passed by the learned Judge, 12th Bench of the City Civil Court at Calcutta in Ejectment Suit No. 182 of 1993.

(2.) The plaintiff filed the aforementioned suit for eviction of the defendant/appellant on the ground of his reasonable requirement. The plaintiff in his plaint stated in details as to how many rooms are required by him. In paragraph 10 of the plaint, it has also been stated that he has no other suitable accommodation to accommodate his family save and except the premises referred to in the plaint in the city of Calcutta or elsewhere. The said statements have been traversed by the defendant in paragraph 15 of the written statement which is in the following terms :

(3.) The learned trial Judge upon taking into consideration the evidences adduced on behalf of the parties and the materials on record and in particular the report of the Advocate Commissioner appointed for that purpose, which was marked as Ext. 4, categorically held that the plaintiff has been able to prove his requirement.