MILAN KR. SINHA Vs. AMAR KR. ROY

JUDGEMENT

(1.) This appeal from appellate judgment and decree is at the instance of a tenant-defendant and is directed against a judgment passed by Sri S. K. Bhattacharyya, Additional District Judge, 10th Court, Alipore, affirming the judgment passed by P. S. Dutta, Munsif, 2nd Court, Alipore.

(2.) The plaintiff, who happens to be the respondent before this Court filed a suit for eviction of the defendant, on the ground of reasonable requirements of the beneficiaries in her capacity as a trustee in terms of a deed of trust executed by her husband on 24.12.75, whereby the Settlor Panchanan Roy conveyed the suit property for the benefit, use and occupation of his two sons by the second wife, namely, Anil and Amar. The defendants were tenants in the suit premises at a monthly rental of Rs. 90.00 payable according to English Calendar month. Their tenancy was determined by a notice asking them to quit and vacate, but they having failed to vacate the suit premises, the suit, out of which this appeal had arisen, was filed praying for eviction. The plaintiff's further case is the said beneficiaries have no other reasonably suitable accommodation for their residence.

(3.) In contesting the claim of the plaintiff, the defendants denied the case of the plaintiff and they also denied the plaintiff to be the sole trustee in respect of the suit premises and the plaintiff did not require the suit premises for their own use and occupation. The suit premises is not at all required for accommodation of Anil and Amar. The suit is therefore, liable to be dismissed.