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1987 Supreme(Cal) 290

A.M.BHATTACHARJEE, AJIT KUMAR NAYAK
A. K. MUKHERJI – Appellant
Versus
PRODIP RANJAN SARBADHIKARY – Respondent


Advocates Appeared:
B.CHATTERJI, B.GHOSH, B.MAJUMDAR, K.M.PAL, SAKTI NATH MOOKERJEE, SUDHISH CHANDRA DAS GUPTA

A. M. BHATTACHARJEE, J.

( 1 ) THE two Judges Bench decision of the Supreme Court in Mattulal v. Radhe Lal, AIR 1974 SC 1596 at pp. 1601-1602, which has followed the earlier four Judges Bench decision in Sarbate T. B. v. Nemichand, 1966 MPLJ 26 (SC) and has held the contrary view in the three Judge Bench decision in Kamla Soni v. Rup Lal Mehra, 1970 RCJ 34, not to be good law in view of Sarbate T. B. (supra) and even otherwise, has now been taken to have settled that the finding as to reasonable requirement of the suit-premises by the landlord in a suit for ejectment against the tenant is a finding of fact unassailable in second appeal unless it can be shown that there was an error of law in arriving at such a finding or that the finding was based on no evidence at all or was such as no reasonable person could arrive at it. A later three Judge Bench decision in Damadilal v. Parasram, AIR 1976 SC 2229 at p. 2236 has only adverted to the earlier views without however, expressing any opinion. It must however, be noted that Mattulal (supra) was rendered when second appeals were being governed by the provisions of Section 100 of the Code of Civil Procedure as it stood before its amendme
















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