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1987 Supreme(SC) 984

M.N.VENKATACHALIAH, S.NATARAJAN
Bhairab Chandra Nandan – Appellant
Versus
Ranadhir Chandra Dutta – Respondent


Judgment

NATARAJAN, J.:- This appeal by special leave is directed against the judgment of the High Court of Calcutta in Second Appeal No. 25 of 1986 whereunder the concurrent findings of the Trial Court and Appellate Court have been reversed and the suit for eviction filed by the appellant (landlord) dismissed.

2. The appellant sought the eviction of the respondent on four grounds but the two grounds which found favour with the Trial Court and Appellate Court are that the respondent had sublet the premises to his brother without the consent of the appellant and, secondly, the appellant bona fide required the leased portion of the house for the use and occupation of the members of his family. These concurrent findings, though pertaining to facts have been interfered with and reversed by the High Court and, if we may say so even at the outset by a process of reasoning which is at once inapposite and unconvincing.

3. Now for some of the facts. The appellant is the owner of the premises No. 30, Sambhu Nath Pandit Street, Calcutta. It is common ground that the appellant is living in the said house with his wife, his four sons, one of them being married and the other three unmarried though








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