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1967 Supreme(Cal) 37

AMARESH ROY
SUKUMAR GUHA – Appellant
Versus
NARESH CHANDRA GHOSH – Respondent


Advocates Appeared:
A.D.MUKHERJI, D.N.LAHIRI, P.N.MITTER, SAILENDRA BHUSAN BAKSHI

AMARESH ROY, J.

( 1 ) THIS second appeal is by the tenant - defendant and arises out of a suit for ejectment from the premises in which the defendant is a tenant. Eviction was prayed for by the plaintiffs on the ground of reasonable requirement both for their own use and occupation and also for purposes of building and rebuilding including substantial additions and alterations under Section 13 (1) (f) of the West Bengal Premises Tenancy Act, 1956. The suit was instituted by the two plaintiffs, the two brothers, who are the owners of the premises. The sole defendant contested the suit not only on the merits but also by contending that the notice terminating the tenancy had not been properly served. Both the courts have held in favour of the plaintiffs and a decree for eviction has been passed against the defendant. Against the judgment and decree passed in the appellate court the present second appeal has been preferred by the defendant.

( 2 ) THE suit premises No. 28/10c Nakuleswar Bhattacharjee Lane is contiguous to and situate within the same boundary wall which includes two other premises bearing Nos. 28/10-A and 28/10-B Nakuleswar Bhattacharjee Lane. The plaintiffs are the ow
































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