SHEMBALI ROY CHOUDHURY Vs. BIBEKANANDA ROY

JUDGEMENT

(1.) This revision has been filed by the defendant-appellant. A suit for ejectment was filed on 2 grounds :- (i) Default and bonafide requirement.

(2.) At the first the learned Munsiff decided the question of default against the plaintiff, but came to the findings that the suit house was required bonafide by the Landlord. There was an appeal. The learned Assistant District Judge came to the rinding that the finding on bonafide requirement is not a correct finding and accordingly the suit was dismissed. This Court allowed the Revision and remanded the same to consider the matter of defaulter as indicated by this Court. Thereafter the Appellate Court dedded that aspect of the matter and came to me findings that the defendant-appellant is a defaulter in the payment of rent and having arrived at the finding the learned Appellate Court decreed the suit

(3.) I have heard Shri B.R. Dey, who places reliance on the following decisions :- (i) 1996(2) GLT-459 (Nabajyoti Mahanta, petitioner Vs. Smti, Prabini Mazumdar, Respondent), wherein paragraph-8 it has been stated as follows :-