SUNIL KUMAR AGARWAL Vs. RAGHABENDRA PATHAK & ORS.

JUDGEMENT

(1.) Heard Mr. S. S. Sarma, the learned senior counsel assisted by Mr. B. J. Mukherjee, the learned counsel for the petitioner. Also heard Mr. R. L. Yadav, the learned counsel for the respondents.

(2.) The present petitioner is the defendant No. 2 in Title Suit No.7/1997 filed by amongst others, the present plaintiffs/respondents for ejectment of the present defendant/petitioner along with two others on the ground of default in rent, bonafide requirement and subletting of the suit premises.

(3.) In order to get the proper picture and the issues involved in this petition, it would be appropriate to mention here the manner in which the suit was filed and against whom. The suit was filed by the wife and the children of one Sachi Bhushan Pathak as plaintiff Nos.1 to 5 and one Babbanji Pathak as the plaintiff No.6 against the defendant No.1, Nandalal Prabhudayal shown as proprietor of M/S Arun Stores and defendant No.2, Sri Sunil Kumar Agarwala, son of Ramawatar Agarwala (the present petitioner) and the defendant No.3, Sri Jayanta Das for their ejectment from the suit premises on the grounds of default in paying rent, sub-letting of the tenanted premises to the defendant No.3 along with bonafide requirement.