GOURI SANKAR CHAKRABORTY Vs. MONI BHATTACHARJEE

JUDGEMENT

(1.) THIS Second Appeal has been preferred against the judgment dated 26/9/2000 passed in Title Appeal No. 64 of 2000 by the learned Additional District Judge, 13th Court, Alipore, whereby he affirmed the decision of the learned Civil Judge (Junior Division), 4th Court, Alipore in Title Suit No. 181 of 1998.

(2.) THE fact leading to the filing of the present appeal is that the plaintiff/ appellant became the owner of the suit property situated in the ground floor of the suit house being No. 12/1c, Chanditala Lane, by virtue of the Will executed by his father Late Kali Sankar Chakraborty. Probate was duly obtained in respect of the said Will. The defendants are-the tenants in respect of the suit premises and they were staying there as such from the time of late Kali Sankar Chakraborty. After obtaining the probate of the Will, the plaintiff became the owner/landlord in respect of the said premises and the defendants are the tenants under him.

(3.) PLAINTIFF's family consists of himself and there sons and their children. As the plaintiff has got no other reasonable suitable accommodation elsewhere, so the plaintiff required the suit premises for the use and occupation of his family. At present, as the plaintiff has got no accommodation elsewhere, so he is staying with his family in the flat of his brother Jyoti Sankar chakraborty situated in the first floor of the suit premises as a licensee under him. Said Jyoti Sankar Chakraborty asked the plaintiff to vacate the said flat so that he can enjoy his flat exclusively. As such, the plaintiff is badly in need of a self-contained flat and his requirement Will be fulfilled if he gets possession of his flat situated in the ground floor of the building now under the occupation of the defendants/respondents. According to the plaintiff he requires the suit premises for his own use and for the use of his sons. That apart he is required to provide accommodation to his full time servant.