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1989 Supreme(Cal) 118

S.K.MUKHERJEE
SWADESH RANJAN RUDRA – Appellant
Versus
SACHINDRA NATH ROY – Respondent


Advocates Appeared:
ARUN KUMAR MAITY, BHASKAR BHATTACHARYA, CHOUDHARY DEVI LAL, Dwijendra Nath Lahiri, Rabindra Nath Mitra, SUBHRO KAMAL MUKHERJEE, Sudhis Das Gupta, Syama Prasanna Roy Choudhury

S. K. MOOKHERJEE, J.

( 1 ) THE present Second Appeal is directed against a Judgment and decree of affirmance. The Suit for eviction was instituted by the plaintiff/respondent on the grounds, inter alia, of reasonable requirement for own use and occupation and for those of the plaintiffs' family after building and rebuilding. By the judgment and decree, dated 31st of July, 1984 the Learned Munsif decreed the said suit which was numbered as Title Suit No. 573 of 1976 and on appeal, being Title Appeal No. 784 of 1984, the Learned Additional District Judge, 10th Court, Alipore, by his judgment and decree, dated 28th February, 1985 dismissed the appeal and affirmed the judgment and decree of the Learned Munsif. The instant Second Appeal has been preferred on behalf of the defendants in the said Suit.

( 2 ) SHORTLY put, the relevant facts are that the plaintiff became the absolute owner of the suit property (2b, Ballygunge Station Road) on partition with his co-sharers; one Usha Ranjan Rudra, the predecessor-in-interest of the defendants, was a tenant in respect of the suit premises at a monthly rental of Rs. 40, payable according to English Calendar on the death of Usha Ranjan Rudra,











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