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1974 Supreme(Cal) 95

A.K.SINHA, KALYAN JYOTI SENGUPTA
HARNATH MALHOTRA – Appellant
Versus
DHANOO DEVI AGARWALA – Respondent


Advocates Appeared:
A.N.MOITRA, B.MITRA, DEBIPRASAD MUKHERJI, P.N.MITTER, P.ROY, PRABHAT K.MUKHERJEE, R.C.DE, R.K.BANERJI, TAPAN KUMAR MITRA

A. K. SINHA, J.

( 1 ) THESE two second appeals are preferred by two separate tenants against a common appellate judgment and decree for ejectment from the disputed premises, briefly in the following circumstances : two separate suits were filed by the respondent as owner against her tenants H. N. Malhotra and H. P. Goenka for their ejectment from premises No. 1, Lower Rowdon Street, a two-storied building. Malhotra occupying ground floor and Goenka occupying the first floor. The premises had out-houses and garages etc. which were also occupied by both the tenants separately. Shortly put, the respondent's case is that she purchased the premises on October 15. 1960 and the appellants who were in occupation of the ground floor and first floor respectively continued as monthly tenants since her purchase. The ground of ejectment is reasonable requirement for the respondent's own use and occupation as she lives in the third floor of a rented premises which is too insufficient and inadequate for accommodating her ailing husband and other members of her family and servants as also office of several companies owned by her and some of the staffs working in the office. In spite of service of












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