( 1 ) THIS special leave petition was placed for consideration on 24. 09. 2007 on which day we dismissed the same, but directed that reasons shall follow which are recorded hereunder.

( 2 ) THE respondents filed a suit in the City Civil Court, Calcutta, for eviction of the defendants-petitioners from the suit premises on the grounds that the defendants changed user of the suit premises from residential to commercial, caused material deterioration in condition of the premises and made construction on the open terrace in the second floor of the premises in question without consent of the landlord.

( 3 ) THE defendants entered appearance and filed written statement contesting the claim for ejectment on all the grounds.

( 4 ) DURING trial, the parties adduced evidence in support of their respective cases and upon conclusion of the same the trial court came to the conclusion that the plaintiff failed to prove the ground of change of user, but succeeded in proving the other two grounds and consequently passed a decree for eviction.

( 5 ) AGAINST the order of eviction, the defendants preferred an appeal before the High Court which though reversed the finding of the trial court on the