( 1 ) THIS second appeal is at the instance of a tenant/defendant in a suit for eviction and is directed against the judgment and decree dated April 26, 1996 passed by the learned Assistant District Judge, 1st Court, Hooghly in Title Appeal No. 167 of 1986 thereby reversing those dated April 26, 1986 passed by the learned Munsif, Additional Court, Serampore in Title Suit No. 89 of 1985.

( 2 ) THE respondent herein, a transferee landlady, filed the aforesaid suit against the appellant on the grounds of default, causing nuisance and annoyance and on the ground of reasonable requirement. In the said suit, the respondent also pleaded that appellant had demolished the wall on the eastern side and had reconstructed the same thus violating cls. (m), (o) and (p) of S. 108 of the Transfer of Property Act. Although the respondent was a transferee landlady, she filed the aforesaid suit within three years from the date 3 of acquiring title over the suit property.

( 3 ) THE said suit was contested by the appellant by filing written statement thereby denying the materials allegation made in the plaint.

( 4 ) THE learned trial Judge held that the suit having been filed