TANDAR DAS Vs. ASHOKE KUMAR

JUDGEMENT

(1.) THIS appeal is against the judgment and decree of the First Appellate court dated 11. 12. 2003 in Title Appeal no. 81 of 2001, since renumbered as 47 of 2002, affirming the judgment and decree of dismissal of the suit in Title Suit No. 232 of 1997 dated 28. 02. 2001 passed by the learned Civil judge, Junior Division, 1st Court, Assansol.

(2.) ON 18. 09. 1997 the suit was instituted by the two plaintiffs. The plaintiff No. 1 is the wife of the plaintiff No. 2. There were number of grounds for eviction which included the ground of reasonable requirement of the suit premises. Paragraph-10 and Paragraph-11 of the plaint revealed that the reasonable requirement of the suit premises was of the plaintiff No. 2 who admittedly is the owner of the suit premises. The respondent herein fiied a written statement denying the plaint narrative and it is not necessary for the purpose of disposal of the appeal to traverse the findings of the learned Trial Court or of Appellate Court to atl the issues framed by the learned Trial Court.

(3.) THE learned Trial Court by the judgment and decree dated 28. 02. 2001 framed seven issues which included the issue on default in payment of rent, on reasonable requirement of the suit premises by the plaintiffs and the other on legality, validity and sufficiency of the notice under Section 13 (6) of the West Bengal premises Tenancy Act. While the ground of default as was claimed by the plaintiffs was negatived by the learned Trial Court and was answered in favour of the defendant, the ground of reasonable requirement was also decided against the plaintiffs. Also was negatived the legality and validity and sufficiency of the notice against the plaintiffs.