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1988 Supreme(SC) 692

R. S. PATHAK, S. NATARAJAN
Ram Bagas Taparia – Appellant
Versus
Ram Chandra Pal – Respondent


Advocates:
AMAN VACHHER, D.N.MUKHERJI, Dhruv Mehta, G.L.SANGHI, N.R.CHAUDHARY, R.Jagannath Goulay, RAJAN MUKHERJI, S.K.MEHTA, S.M.Sarin

JUDGMENT

NATARAJAN, J. :— This appeal by special leave arises out of a judgment of the High Court of Calcutta in a Letters Patent Appeal confirming the decree for ejectment passed against the appellant by the Civil Courts and upheld by a Learned Single Judge of the High Court in the second appeal preferred by the appellant.

2. The respondent had granted a lease of premises bearing No. 149, Mohalla Bara Bazar, Midnapore to the appellant on a monthly rent of Rs. 70/-. After terminating the tenancy by means of a valid notice the respondent filed a suit for the eviction of the appellant on two grounds viz. (1) default in payment of rent from January 1966 onwards and (2) reasonable requirement of the leased premises for the residential needs of the landlord and also for starting a business in a portion of the building. The Trial Court granted a decree for the. eviction of the appellant on the first ground and rejected the prayer for eviction on the second ground. The Appellate Court, while confirming the decree for eviction passed by the Trial Court sustained the case for eviction on the second ground also. In the second appeal preferred by the appellant, a learned single judge of the Hi



















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