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1997 Supreme(Cal) 242

P.S.NARAYANA
BIKASH CH. GHOSH – Appellant
Versus
DILIP KR. MUKHERJEE – Respondent


Advocates Appeared:
Subrato Dutta, TAPAS BHATTACHARYA

S. NARAYAN, J.

( 1 ) THIS being a second Appeal by the defendant-tenant is directed against the judgment and decree dated February 14, 1994 passed by the Assistant District Judge, 24 Parganas (South ) in Title Appeal No. 73 of 1997 reversing the judgment and decree dated June 23, 1993 passed by the Munsiff, Second Court at Sealdah in Title Suit No. 132 of 1990. The appellanttenant feels aggrieved of the judgment and decree of the first Appellate Court,whereby the plaintiff owner-landlord has been granted of the decree of eviction on the ground of reasonable requirement of the tenanted premises for his own occupation

( 2 ) THE suit premises consisted of two selfcontaint flats, one on the ground floor and the other on the first floor. The defendant-appellant was a tenant in the flat situated on the ground floor. The flat on the first floor was already inoccupation of the respondent-landlord. It may be added here that the respondent also was a tenant in respect of the flat on the first floor, but he subsequently purchased the entire premises and he became the owner thereof. The appellant, thereupon, became a tenant under the respondent/ owner-landlord at a rental of Rs. 140/- per mont













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