JUGAL KRISHNA SARKAR Vs. RANJIT KUMAR DAS

JUDGEMENT

(1.) This is the defendant's second appeal preferred against the judgment and decree dated 29th of May 2002 passed by the learned Civil Judge (Senior Division), 9th Court at Alipore in Title Appeal No. 330 of 2000 whereby the judgment and decree dated 22nd September, 2000 passed by learned Civil Judge (Junior Division), 1st Additional Court, Alipore in Title Suit No. 108 of 1987 decreeing the suit for eviction against the appellant herein was affirmed.

(2.) The original plaintiff was one Ashalata Das who instituted the suit being Title Suit No. 108 of 1987 against the appellant herein for eviction on the ground of default and of reasonable requirement of the suit premises for her own use and occupation. The suit premises is the western portion of the premises No.43/K, Tallygunge Road under Police Station Tallygunge, Calcutta-26 consisting of two bedrooms, a kitchen, a bath and privy. Smt. Malina Das was the sister of Ashalata. Ashalata and Malina out of their joint fund constructed a one storied building at premises No. 43K, Tallygunge Road. They effected partition mutually between themselves on 1st of January, 1977 whereby the eastern portion of the premises was allotted to Malina and the western portion was allotted to Ashalata. Ashalata inducted the appellant in the suit premises in February., 1978 at a monthly rental of Rs.230/- payable according to the English calendar month. The appellant is stated have defaulted in payment of rent since 1986. As the suit property was tenanted to the appellant, Ashalata had no accommodation and she would reside in the tenanted house of her sister Malina. Malina asked her to vacate, and moreover Malina's tenanted house was in a bad shape and it was impossible as also unsafe for Ashalata to live in the tenanted house of her sister. Accordingly, she reasonably required the suit premises for her own use and occupation. Tenancy was determined by a notice to quit under Section 13(6) of the West Bengal Premises Tenancy Act, 1956 (for short, the Act).

(3.) The suit was instituted on 5th of March, 1987. Ashalata died leaving a Will whereby Ranjit Kr. Das who is the substituted plaintiff No.1 was made an executor and by the said Will property was bequeathed to the plaintiff No.2 Supratim Ghosh. In the amended plaint it has been reiterated that the defendant was defaulter since April 1986. Supratim Ghosh now the sole legatee under the Will executed by the original plaintiff has been residing in a rented house with his parents, and he requires the suit premises for his own use and occupation as also that of his family members. His father is a heart patient and mother a patient of cancer. In the rented house they have only one room and a kitchen with common user of bath and privy. Therefore Supratim requires a bed-room for himself, a bed-room for his father, a bed-room for his mother, a drawing room, a Thakurghar, a store besides a kitchen and a privy. Supratim has no other reasonably suitable accommodation. The amended plaint was filed on 23.07.1994.