MONOBALA KARMAKAR Vs. SNEHALATA DHAR

JUDGEMENT

(1.) THE two second appeals are being disposed of by a common judgment and order since subject matter of the two suits is eviction of the two defendants by a common plaintiff from two portions of one and the same premises.

(2.) TITLE Suit No. 496 of 1982 was instituted against one Haladhar chowdhury alleged to be a tenant under the Plaintiff Smt. Snehalata Dhar in respect of a room with brick built walls and roofed by tiles with a verandah and a kitchen with common user of bathroom and privy at the premises No. 50/h/13, Chaulpatty Road, Kolkata - 10. He committed default in payment of rent. The suit was on the grounds of default, of reasonable requirement of the premises by the plaintiff and of committing annoyance and nuisance by the defendant and also of damage of the suit properties. Learned Munsif, 1st court, Sealdah decreed the suit on 4th September, 1986. The defendant haladhar Chdwdhury preferred appeal being Title Appeal No. 875 of 1986 but the Additional District Judge, 5th Court, Alipore by judgment and decree dated 9th February, 1989 dismissed the appeal and confirmed the decree of the learned Trial Court. The Second Appeal No. 192 of 1991 arises out of the judgment and decree of the First Appellate Court as said above affirming the judgment and decree of the learned Trial Court.

(3.) THE same plaintiff Smt. Snehalata Dhar instituted Title Suit No. 497 of 1982 against another tenant i. e. Smt. Mono Bala Karmakar on the self-same grounds for her eviction from one room with similar facilities as was available to the other tenant of the same premises. Learned Munsif, First Court, Sealdah by judgment and decree dated 29th September, 1986 decreed the suit against which appeal was preferred by Smt. Mono Bala Karmakar and the same learned Additional District Judge who disposed of the other appeal also disposed of this appeal by dismissal decree dated 9th February, 1989. The second Appeal No. 191 of 1991 arises out of the First Appellate Court's judgment and decree of the learned Trial Court.