LAWS(CAL)-2008-2-89

AMAR NATH PRAMANICK Vs. SANJIB DAS GUPTA

Decided On February 04, 2008
AMAR NATH PRAMANICK Appellant
V/S
SANJIB DAS GUPTA Respondents

JUDGEMENT

(1.) THIS first appeal is at the instance of a landlord in a suit for eviction on the ground of reasonable requirement and is directed against the judgment and decree dated 19th August, 1999 passed by the learned Judge, 4th Bench, City Civil Court at Calcutta in Ejectment suit No. 219 of 1991 thereby dismissing the suit on the ground of absence of valid notice of ejectment upon all the tenants. The learned Trial Judge, however, found that the plaintiff otherwise proved reasonable requirement.

(2.) BEING dissatisfied, the plaintiff has come up with the present first appeal.

(3.) IT appears from the record that the plaintiff, a subsequent purchaser from the previous landlord, filed the suit for eviction on the ground of reasonable requirement against one Salil Kumar Dasgupta by describing him as the sole tenant in respect of the tenanted property. There is no dispute that when the plaintiff purchased the property from the previous landlord, a suit for eviction against the said Salil Kumar Dasgupta was pending but such suit was withdrawn as the transferee landlord was not entitled to get the benefit of section 13 (ff) of the West Bengal Premises tenancy Act within three years from the date of purchase.