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1977 Supreme(Cal) 155

JANAH, SHARMA, SUDHAMAY BASU
PROVASH CHANDRA CHATTERJEE – Appellant
Versus
CHAND MOHAN BASAK – Respondent


Advocates Appeared:
Ajit Kumar Panja, N.K.MANNA, Saktinath Mukherjee, SWAPAN KUMAR GARAI, TARUN CHATTEJEE

JANAH, J.

( 1 ) THIS appeal is by the defendant in a suit for ejectment. The suit was instituted by the plaintiff-respondent against the defendant-appellant for the letter's eviction from premises No. 47a Durga Charan Mitra Street, Calcutta consisting of three bed-rooms, one kitchen-cum-store room-cum-dining room and also a privy. The ground of eviction was that the plaintiff reasonably required the suit premises for his own use and occupation and for the use and occupation of the members of his family. It was alleged that the plaintiff purchased the disputed premises by a registered sale deed dated 4th October, 1966 from the daughter and the son of one Satindranath Mitra who was the original owner of the disputed premises. After his purchase a letter was served upon the defendant for attornment of the tenancy in favour of the plaintiff. The defendant attorned the tenancy in favour of the plaintiff, served a combined notice dated 13th June, 1970 under Section 106 of the Transfer of Property Act and Section 13 (6) of the West Bengal Premises Tenancy Act, asking the defendant to quit and vacate with the expiry of the month of July, 1970. The defendant not having complied with the sa







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