JOY GUPTA Vs. INDUMATI JAISWAL

JUDGEMENT

(1.) THIS first appeal is at the instance of a substituted defendant and is directed against the judgment and decree dated April 26, 1993 passed by the learned Judge, 10th Bench, City Civil Court. Calcutta in Ejectment Suit No. 342 of 1985.

(2.) THE aforesaid ejectment suit No. 342 of 1985 was filed by the respondent herein against one Smt. Shefalika Roy since deceased, the maternal grand mother of the present appellant for eviction on the ground of reasonable requirement, sub-letting and violation of Clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act.

(3.) THE plaintiff requires one room for herself, and her invalid son who is to be constantly looked after, one room for her husband, one room for her elder son. who had attained marriageable age, one room each for her daughters who were students, one was studying Master Degree and other was a student of B.A. Degree. The respondent further requires one room on the ground floor as study room for her two daughters and the same will also be used for her maid servant's bedroom. The respondent further requires one room for her husband who is a businessman and is required to entertain customers. Thus, according to the plaintiff, she requires the entire suit property for her own use and occupation.