PRATAP NARAYAN DAS Vs. SAILENDRA KUMAR DUTTA

JUDGEMENT

(1.) In this appeal filed by the tenant/defendant against the judgment dated 30th April, 1985 passed by the learned 3rd Bench, City Civil Court, Calcutta, the appellant challenges the decree of eviction in respect of the property in question on two grounds namely, that the service of notice as required under section 13(6) of the West Bengal Premises Tenancy Act, 1956 was not proved and that the plaintiff/respondent also failed to discharge the onus regarding the proof of the fact of reasonable requirement of the house.

(2.) The premises at No. 6/A, Waverly Lane, Calcutta on the ground floor was let out by the respondent to the appellant. The respondent lives on the 1st floor of the same building. The appellant and the respondent both, on the ground floor and 1st floor respectively, have two rooms each; whereas the appellant on the ground floor had, in addition to these two rooms, a kitchen, bath and privy, the respondent does not have any kitchen on the 1st floor, but has a bath and a privy. In answer to the plaint filed by the respondent, the appellant filed written statement and denied the reasonable requirement of the plaintiff/respondent. On the pleadings of the parties, the following four issues were framed by the learned trial court for adjudication:

(3.) All the four issues were found against the appellant and in favour of the respondent and accordingly, a decree for eviction was passed by the learned court below against the appellant; hence the present appeal.