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1980 Supreme(Cal) 108

A.K.SEN, B.C.CHAKRABARTI
SANTILAL DULICHAND SHAH – Appellant
Versus
RAMESH CHANDRA GUZRATI – Respondent


Advocates Appeared:
M.N.Ghosh, R.P.BAGCHI, SNEHANSHU SEKHAR ROY, Subhas Kumar Banerjee, TAPAN KUMAR SEN

B. C. CHAKRABARTI, J.

( 1 ) THIS is an appeal by the tenant (hereinafter called the defendant) against a decree of eviction passed in Ejectment Suit No. 1137 of 1974 of the City Civil Court, Calcutta.

( 2 ) THE respondent Ramesh Chandra Guzrati, (hereinafter called the plaintiff) instituted the suit in his capacity as Karta of the Hindu undivided family styled "ramesh Chandra Guzrati and Others", for recovery of possession of the disputed premises, held by the defendant as a tenant, after determination of the tenancy by the service'of a combined notice under Section 106 of the Transfer of Property Act and Section 13 (6) of the West Bengal Premises Tenancy Act. the Grounds upon which the claim for eviction has been founded are (1) a part of the disputed premises has been sublet to M/s. Ad-vance Traders after the commencement of the West Bengal Premises Tenancy Act, 1956 and without any consent in writing of the plaintiff landlord, (2) the plaintiff reasonably requires the suit premises for his own use and occupation and also for the use and occupation of the members of the "hindu undivided family," there being no other reasonably suitable accommodation available to the plaintiff e





















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