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1981 Supreme(Cal) 95

SUDHINDRA MOHAN GUHA
BANKA BEHARI DUTT – Appellant
Versus
GOUR MOHAN DUTTA – Respondent


Advocates Appeared:
CHANDRANATH MUKHERJI, G.S.CHATTERJEE, S.C.DAS GUPTA, TAPAN SEN GUPTA

SUDHINDRA MOHAN GUHA, J.

( 1 ) THE tenant-defendant has come up in appeal against the judgment and decree of Sri M. Roy, Subordinate Judge, Purulia, affirming the judgment and decree of ejectment passed by the Munsif, Purulia.

( 2 ) THE respondent commenced a suit for ejectment against the appellant on determination of tenancy, on the grounds of default in payment of rent and reasonable requirement for the purpose of starting business in rice by his two unemployed sons. The appellant held the tenancy consisting of two rooms at a monthly rental of Rs. 45/- according to Bengali calendar month.

( 3 ) THE learned Munsif found that the tenancy had been determined by a valid notice to quit and the plaintiff reasonably required the premises in suit for his own use. Such findings were affirmed in appeal by the learned Subordinate Judge.

( 4 ) MR. S. C. Das Gupta, the learned Advocate for the appellant, contends that the Respondent's case as to starting of business by his unemployed sons is not consistent. The divergent cases were made out in the notice of ejectment, plaint and evidence adduced during the trial. The intention of the landlord as to which of the son or sons intended to st

















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