KISHORI MOHAN SINHA ALIAS SINGHA Vs. KUMARESH SAHA

JUDGEMENT

(1.) Predecessor-In-Interest of the plaintiffs/respondents filed other suit no. 246 of 1997 against the defendant/appellant praying for his eviction from the suit premises, recovery of khas possession and other consequential reliefs on the grounds of reasonable requirement for building and rebuilding, reasonable requirement for own use and occupation of the plaintiffs and their family members, default, subletting and causing substantial damage of the suit premises.

(2.) The defendant/appellant contested the said suit by filing written statement. The learned Trial Judge on consideration of the evidence on record, both oral and documentary, adduced by the parties to the suit decreed the same on the grounds of reasonable requirement for building and rebuilding as well as for their own use and occupation as contemplated in Section 13(1)(f) and Section 13(1)(ff) of the West Bengal Premises Tenancy Act, 1956 (hereafter described as the said Act). The Judgement and decree passed by the learned Trial Judge in other suit no. 246 of 1997 was assailed in appeal at the instance of the defendant/appellant which was registered as other appeal no. 63 of 2007. By a Judgement dated 22nd September, 2008, the learned Additional District Judge, 4th Court, Paschim Medinipore dismissed the said appeal on contest.

(3.) Against such concurrent findings of fact the defendant/appellant preferred second appeal before this Court which was registered as S.A.T. No. 674 of 2008. The said appeal was admitted for hearing under order 41 Rule 11 of the Code of Civil Procedure vide order dated 2nd February, 2009. The Division Bench of this Court framed the following substantial questions of law :-