RAM PROSAD MUKHERJEE Vs. ASHALATA DEY

JUDGEMENT

(1.) This first appeal is at the instance of a tenant-defendant in a suit for eviction decreed only on the ground of reasonable requirement under the provision of Section 13(1) (ff) of the West Bengal Premises Tenancy Act, 1956 and is directed against the judgment and decree dated 14th day of November 1990, passed by the learned Trial Judge.

(2.) It is pointed out by Mr Banerjee that after the passing of the decree by the Trial Court and during the pendency of this appeal, the sole plaintiff/landlord who obtained the decree for eviction on the ground of her reasonable requirement has sold the suit property in favour of two of her sons and those two sons, by filing an application being CAN 6412 of 2003 under Order XXII Rule 10 of the Code of Civil Procedure, got themselves substituted in the present appeal. Mr Banerjee submits that the sole plaintiff having sold the suit property to two of her sons, her own requirement has come to an end, she having divested herself of her right in the property by execution of a registered sale-deed dated 29th November, 2000.

(3.) None appears on behalf of the respondent at the time of hearing.