S.S.M.QUADRI, V.N.KHARE
Amla Chakravarty – Appellant
Versus
Ranjit Kumar Choudhury – Respondent
(1) THE appellants herein are owners of the premises which was leased out to one Raj Kumar Choudhury, who died in the year 1969. The defendant-respondent is one of the sons of Raj Kumar Choudhury. On 2-12-1970, the landlord executed a fresh second lease in favour of respondent Ranjit Kumar Choudhury, for a period of one year. In the year 1984, the landlord filed a suit for eviction of the respondent tenant on the grounds of his bona fide requirement of the premises as well as on default in payment of rent in respect of the premises in dispute. In the suit, relief for recovery of arrears of rent was also claimed. The trial court substantially dismissed the suit filed by the landlord. However, learned Munsif decreed the suit for recovery of arrears of rent of Rs 245. Aggrieved, the landlord preferred an appeal before the Assistant District Judge. The lower appellate court, having found that the need set up by the landlord was bona fide and, further, the tenant has committed default in payment of rent, decreed the suit after setting aside the trial courts judgment. The tenant thereafter filed a revision against the lower appellate courts order. The High Court, in revision, set
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