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1989 Supreme(Cal) 392

S.K.MUKHERJEE, SATYABRATA MITRA
HIRALAL ROY – Appellant
Versus
ARATI CHATTERJEE – Respondent


Advocates Appeared:
A.K.MUKHOPADHYAY, ABHIJIT BANERJI, R.P.BAKSHI, S.DINDA

S. K. MOOKHERJEE, J.

( 1 ) THIS First Appeal is directed against the judgment and decree passed by the learned Chief Judge, City Civil Court at Calcutta on 8. 1. 1980 in Ejectment Suit No. 384 of 1975. The respondents instituted a suit for eviction of the defendant from the suit premises on the ground of reasonable requirement for their own use and occupation and default. The case, as laid down in the Plaint, is that the defendant was a tenant in respect of three rooms, one small kitchen and also haying common user of bath, altered water tap and privy on. the ground floor of premises No. 12/6, Nilmani Duty Lane, Calcutta, at a monthly rental Rs. 75 payable according to the English Calendar Month; that bath and privy, which were in common use could be approached by the landlords only through the easternmost room of the defendant's tenancy; the defendant, however, for all practical purposes, was using and enjoying the bath and privy and filtered water supply, as mentioned above, as the plaintiff's predecessor-in-interest and the plaintiffs were using the bath and filtered water tap and privy of another adjoining joint property No. 10/1a, Satrughna Ghosh Lane to which there was acces






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