LAWS(CAL)-2009-4-56

BINOY KUMAR MAJUMDER Vs. GOPI CHAND PAL

Decided On April 22, 2009
BINOY KUMAR MAJUMDER Appellant
V/S
GOPI CHAND PAL Respondents

JUDGEMENT

(1.) THIS first appeal is at the instance of the defendants in a suit for eviction and is directed against the judgment and decree dated 19th January, 1995, passed by the learned Trial Judge, Eighth Bench, City civil Court at Calcutta, in Ejectment Suit No. 198 of 1980 thereby passing a decree for eviction on the ground of subletting and causing damage and waste to the suit property.

(2.) BEING dissatisfied, the tenants/defendants have come with the present appeal.

(3.) THE respondent No. 1 before us filed a suit being Ejectment Suit no. 198 of 1980 in the City Civilcourt at Calcutta against the appellants, his tenants, for their eviction on the grounds of reasonable requirement, subletting, act of waste and negligence resulting in material deterioration of the condition of the premises and also on the ground that the appellants took the premises for residential purpose but they had been using the same for other than that for which the premises were let out for more Irian four months without the consent of the plaintiffs. It was further alleged that the. appellants were guilty of conduct which was a nuisance and annoyance to the neighbours including the plaintiffs.