ASHIM KUMAR DAS Vs. PRATYUSH MAJUMDAR

JUDGEMENT

(1.) THIS first appeal is at the instance of the defendants in a suit for eviction on the ground of default in payment of rent and is preferred against the judgment and decree dated January 31, 1997 passed by the learned Judge, Eighth Bench, city Civil Court at Calcutta, in Ejectment Suit No. 726 of 1978 thereby giving protection to the appellants under Sections 17 (4) of the West Bengal Premises tenancy Act and awarding costs against them as provided therein.

(2.) THE suit, out of which the present appeal arises, was filed on the ground of default in payment of rent and reasonable requirement. The specific case made out by the plaintiffs/respondents was that their predecessor purchased the suit property from the then owner of the property by virtue of a registered sale-deed and after his death, they had become the owners of the property. One Baidyanath das, the predecessor-in-interest of the defendants, was a tenant under the predecessor-in-interest of the plaintiffs in respect of the property and after his death, the present defendants have now become tenants under the plaintiffs. According to the plaintiffs, they reasonably required the suit property for their own occupation and apart from the said ground, they also prayed for eviction of the defendants on the ground of default in payment of rent.

(3.) THE defendants entered appearance and filed written statement thereby denying the material allegations made in the plaint and the specific defence of the defendants was that they were the owners of the property and there existed no relationship of landlord and tenant between the parties. The defendants also filed an application under Section 17 (2) of the West Bengal Premises Tenancy Act thereby disputed the relationship of landlord and tenant between the parties.