SANKAR PROSAD SINGH Vs. BINAPANI MANNA & ORS.

JUDGEMENT

(1.) This second appeal is at the instance of a tenant/defendant in a suit for eviction, inter alia, on the grounds of reasonable requirement and of building and re-building and is directed against the judgment and decree dated Jan. 30, 1992 passed by the learned Assistant District Judge, Tamluk in O. Appeal No. 108 of 1990 thereby modifying those dated Oct. 31, 1990 passed by the learned Munsif, 1st Court, Tamluk in Original Suit No. 177 of 1985.

(2.) The respondents along with one Chandi Charan Manna, since deceased, filed the aforesaid suit being Original Suit No. 177 of 1985 for eviction of the appellant on the ground of reasonable requirement and also on the ground of building and re-building. The case made out by the plaintiffs was as follows :

(3.) The aforesaid suit was contested by the appellant by filing written statement thereby denying the material allegations made in the plaint and the defence of the appellant was that the plaintiffs did not require the suit premises for their own use and occupation nor did they require it for the purpose of building and re-building.