UPENDRA NATH GHOSH Vs. SOMNATH GHOSH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree passed by the learned Additional District Judge, 1st Court, Alipore in Title Appeal No. 110 0f 2001 affirming the judgment and decree passed by learned Civil Judge, Senior Division, 6th Court at Alipore in T. S. No. 99 of 1996. The suit was instituted for ejectment. The case of the plaintiff/respondent, in short, is that the defendant is an ordinary premises tenant under the plaintiff in respect of the part of the premises No. 7/2, Ashutosh Mukherjee Road, Budge Budge, 24 Parganas (South) at a rental of Rs. 90/- per month payable according to Bengali calendar month. The plaintiff is the absolute owner of the suit premises by virtue of a registered deed of gift executed by Santosh Kumar Karmakar in his favour. The fact of the transfer of the property was communicated to the defendant who also sent a letter dated 20. 7. 1995 to the plaintiff in reply to the plaintiffs letter dated 13. 7. 1995. The defendant defaulted in payment of rent since Bhadra 1398 B. S. The plaintiff reasonably required the suit premises for his own use and occupation and for the benefit of the members of his family. The plaintiffs family consists of himself, his wife, son and one daughter. Both son and daughter are the students. The plaintiff is residing in his ancestral house at 195 M. N. Sarkar Road, Budge Budge with great hardship. The plaintiff has four brothers of his own and there are five bedrooms in the ancestral house. The brothers are in possession of one bedroom each in the ancestral house. There is acute shortage of accommodation of the plaintiff in his ancestral house and the plaintiff has no other reasonable suitable accommodation elsewhere except the suit premises. The defendant intentionally caused damages to the suit premises. The plaintiff having no alternative sent ejectment notice dated 15. 10. 1996 by registered post with A/d through his advocate. The defendant duly received notice by putting his signature on the A/d card. The defendant failed and neglected to comply with the said ejectment notice and for the said reasons, the suit for eviction was instituted in the learned Trial Court.

(2.) THE learned Trial Court decreed the suit and the learned Additional District Judge dismissed the appeal affirming the judgment and decree passed by the learned Trial Court.

(3.) IN this Second appeal vide order dated 08. 6. 2004 the following substantial question of law was formulated :-