ILA BANERJEE Vs. RAJ KUMAR CHAKRABORTY

JUDGEMENT

(1.) The appellant as plaintiff filed Ejectment Suit/Case No.5 of 2005 against the defendants/respondents praying for eviction and recovery of possession of the tenanted premises (hereafter referred to as "suit premises") in the 3rd Court of learned Judge, Presidency Small Causes Court on the grounds of default in payment of rent and reasonable requirement. The trial court decreed the suit by a judgement and decree dated 25th August 2009 holding, inter alia, that the defendants/respondents were defaulters in payment of rent. The trial court, however, found that the plaintiff/appellant failed to prove her case of reasonable requirement and she was not only to any decree on the said ground of reasonable requirement. The defendants/respondents preferred an appeal before the learned Chief Judge, City Civil Court at Calcutta. The learned Judge in 1st Appellate Court allowed the appeal by setting aside the judgment and decree that was passed by the trial court on the ground that the defendants were not defaulters in payment of rent.

(2.) Raising some substantial questions of law, the plaintiff/appellant has preferred the instant appeal being aggrieved by and dissatisfied with the judgment and decree passed on 31st May 2013 passed by the learned 5th Judge, City Civil Court at Calcutta in Title Appeal No.1 of 2010.

(3.) The said appeal was admitted for hearing by the Division Bench of this Court vide order dated 4th September, 2014. The Division Bench while admitting the appeal formulated the following substantial questions of law:-