( 1 ) THE tenant-defendant has preferred this appeal against a judgment and decree dated 29th November, 1982 passed by Sri H. Kar, Judge, 2nd Bench, City Civil Court at Calcutta, in Ejectment Suit No. 271/79 whereby and whereunder the said suit was decreed.

( 2 ) THE plaintiff-respondent filed the aforementioned suit against the appellant, inter alia, on the ground of personal necessity. The plea of personal necessity has been taken in paragraphs 9, 10 and 11 of the plaint, which read thus :-"9. That the plaintiff is the head of the family of 7 members, consisting of himself, his wife Smt. Ganga moni nag two sons Kashinath (32) and Amarnath (24) and 2 daughters Smt. Chandrabati Dutta and Basanti Dutta and old mother Smt. Durgamoni Nag. Due to dearth of accommodation plaintiff's eldest son Kashinath is still unmarried. The youngest son Amarnath is a student. 10. That the plaintiff now resides in one room in 1st floor of premises No. 12/1, Beniatola Lane, Calcutta-9. The measurement of which is about 131/2 x 13' ft. The said premises No. 12/1, Beniatola Lane has been alotted to my two younger brother-Madan Mohan Nag and Cour Mohan Nag by a Regd. Deed of Gift by my f