RAMESHWAR ROY Vs. BAIDHENDRA KINKAR PATRA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 29-6-89 passed by the learned Judge, XII Bench, City Civil Court at Calcutta in Ejectment Suit No. 902 of 1992. A cross-objection preferred by the respondent being C.O.T. No. 2381 of 1990 is also heard along with the appeal.

(2.) The case of the plaintiff/respondent inter alia, is as follows :-The plaintiff/respondent is the owner of a three-storied building being premises No. 5/2 and No. 7, Ramkanai Adhikari Lane, Calcutta-12. The two premises constitute one building, back portion of which is No. 7, Ram Kanai Adhikari Lane.

(3.) The defendant/appellant was the tenant under the plaintiff/respondent in respect of three rooms being the south-western room on the first floor, and two on the ground floor with common bath and privy in the suit premises being No. 5/2, Ramkanai Adhikari Lane, at a monthly rental of Rs. 115/- payable accordingly to the English Calendar. There is a covered verandah running east to west all along the first floor of the premises No. 5/2, Ram Kanai Adhikari Lane described in the plaint as the western verandah. The same has not been let out to any tenant but is meant for common use by different tenants of the premises and also the landlord.