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1975 Supreme(Cal) 224

R.BHATTACHARYYA
CHOTALAL SHAW – Appellant
Versus
RAM GOLAM SHAW – Respondent


Advocates Appeared:
BHASKAR GHOSH, BIMAL KUMAR CHATTERJEE, Chandidas Roy Chowdhury, DIPANKAR CHAKRABORTY, PRAMATH NATH MITRA, Saktinath Mukherjee

R. BHATTACHARYA, J.

( 1 ) THIS second appeal by the defendant is against the decision of the Additional District Judge, Baraset reversing the judgment and the decree passed by the Munsif dismissing the suit of the plaintiff for ejectment against the defendant.

( 2 ) THE plaintiff Ram Golam Shaw brought the suit against the defendant Ramdas Chotelal, a monthly tenant in respect of the suit premises at a rental of Rs. 23 payable according to English Calendar month. The allegations made in the plaint are that he has been carrying on a cloth business at a rented house. Due to the business at the rented house, the plaintiff is suffering inconvenience and wastage of money in spite of his having a house of his own. Moreover, the suit premises is very much suitable for his business. His landlord is demanding excessive rent for the room where he is carrying on business He asked the defendant to vacate the premises but his request has been fruitless. The plaintiff, moreover, requires the suit premises for building and rebuilding as the house has become old and dilapidated. It has further been alleged that the defendant has been a defaulter in payment of rents from the month of October, 197








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