NRIPATI NATH MITRA Vs. DILIP KUMAR DAS

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated. March 6,1991, passed in Ejectment Suit No. 297 of 1981 of the 11th Bench of the City Civil Court at Calcutta for eviction of the defendant-appellants from the suit property.

(2.) THE plaintiffs/respondents' case in the Court below was that they were the owners of the two-storied building at 20, College Row, Calcutta. The plaintiffs/respondents got such property by a Will executed on 5. 5. 40 by brojobala Dasi, the maternal grandmother bequeathing said premises to them and granting life interest in the said premises to her daughter Malina Bala dasi, since deceased, the mother of the plaintiffs. Amulya Chandra Guin, the maternal uncle of the plaintiffs was the executor to the said Will. The Will was probated through Court of competent jurisdiction and the defendants/appellants and proforma respondent No. 4 attorned their tenancy to the plaintiffs and they began to pay the rent to the plaintiffs @ Rs. 262/- a month.

(3.) THE further case of the plaintiffs/respondents was that due to the early demise of their parents they were looked after since childhood by their maternal uncle and maternal grandmother and the plaintiffs were brought up in their maternal uncle's house. With the passage of time, the plaintiff completed their academic career and took up different avocations in life and the plaintiff Nos. 1 and 2 got married. Due to insufficiency of accommodation, the three respective families of the plaintiffs began to live separately in their respective tenanted premises.