MADHUSUDAN SAHA Vs. REBATI RANI MUKHERJEE AND ORS.

JUDGEMENT

(1.) This Second Appeal is directed against the judgment and decree passed on 31st March, 2007 by the learned Additional District Judge at Sealdah in Title Appeal No. 127 of 2006 affirming the judgment and decree dated 26th September, 2006 passed by the learned Civil Judge (Junior Division), 2nd Court at Sealdah in Title Suit No. 624 of 1994, at the instance of the defendant/appellant.

(2.) A suit for eviction was filed by the plaintiff/respondent against the defendant/appellant herein on the ground of reasonable requirement of the original plaintiff, since deceased and the members of his family. The said suit was filed in September, 1994. Since then the nature of requirement and/or the extent of requirement of the plaintiffs/respondents and the members of their family has been changed due to various factors. The original plaintiff died during the pendency of the suit and his legal heirs and heiress were substituted in his place. The requirement which was originally pleaded in the original plaint lost its significance due to change of circumstances. The plaint was repeatedly amended for bringing the subsequent change in the nature and extent of requirement of the plaintiffs and the members of their family, on record.

(3.) Presently, this Court is concerned with the last amendment by which the present requirement of the plaintiffs and the members of their family were brought on record.