AJIT CHAKRABORTY Vs. PADMABATI BHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 4th Feb., 1983 passed by Sri B. Banerjee, Additional District Judge, 6th court, Alipore in Title Appeal No. 323 of 1986 allowing the appeal and reversing the judgment and decree dated 28th March, 1986 passed by Sri S. Mondal, Munsif, second court, Sealdah in Title Suit No. 402 of 1982.

(2.) Plaintiff's case in brief is that she is the owner of the suit premises and the defendant was a monthly tenant under her in regard to the ground floor flat of that premises. The plaintiff determined the tenancy by servicing a notice of ejectment on 19.8.82 on the expiry of the month of Sept., 1982 on the ground that the plaintiff reasonably required the suit premises for her own use and occupation and for the use and occupation of those for whom they are held. Another ground is that the plaintiff is not in possession of any other reasonably suitable accommodation. She also took the ground of default made by the defendant in payment of rent for the month of March, 1982. The defendant raised the suit by filing a written statement. He averred inter alia that the plaintiff was already in possession of 3 bed rooms, one store room, one kitchen, one covered varandah and one bath in the first floor of the suit premises and one asbestos shed on the terrace. He further averred that the plaintiff was the owner of the pucca house at Antpur in the district of Hooghly wherein some of the members of her family lived almost round the year, and that he did not make any default in payment of rent for March, 1982.

(3.) Upon the above pleadings the following issues were framed :