RAJ KUAMR DUTTA Vs. BIMAL KUMAR DHAR

JUDGEMENT

(1.) THIS first appeal is at the instance of a tenant-defendant in a suit for eviction decree on the ground of violation of Clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act and reasonable requirement and is preferred against the judgment and decree dated 5th july, 1991 passed by the learned Judge, 5th Bench, City Civil Court at calcutta in Ejectment Suit No. 191 of 1982.

(2.) THE plaintiff filed the aforesaid Ejectment Suit No. 191 of 1982 for eviction of the appellant by describing him as monthly tenant under him in respect of the two rooms which had been partitioned and made into four rooms, one common bath and privy with open terrace on the first floor of the Premises No. 5a, Bhowani Dutta Lane, Calcutta - 700 073.

(3.) SO far the ground of reasonable requirement is concerned, the specific case of the original plaintiff was that he required the suit property for accommodation of himself and his wife who were then staying as licensee of his brother's house. The plaintiff due to strained relationship with his son was unable to stay in the house of his son.