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2005 Supreme(Cal) 113

JYOTIRMAY BHATTACHARYA
NETAI CHANDRA PAUL – Appellant
Versus
DILIP KUMAR SAHA – Respondent


Advocates Appeared:
DALIA BHATTACHARYA, GOUTAM DAS, MANOJ ROY, Sudhis Das Gupta

JYOTIRMAY BHATTACHARYA, J.


( 1 ) THIS second appeal is directed against the judgment and decree dated 15th June 1992 passed by the learned Assistant District Judge, Sealdah in title Appeal No. 92 of 1991 reversing the judgment and decree dated 31st july, 1991 passed by the learned 3rd Court of Munsif, Sealdah in Title Suit no. 216 of 1986.

( 2 ) THE appellant before this Court is the plaintiff (landlord) in a suit for eviction on the ground of reasonable requirement.

( 3 ) THE plaintiff/appellant filed a suit for eviction against the defendant/ respondent on the ground of reasonable requirement of the plaintiff and the members of his family.

( 4 ) AT the time of institution of the suit the family of the plaintiff consisted of the plaintiff himself, his wife, a son of marriageable age and a married daughter who often used to visit her ailing mother to look after her. Apart from those family members, the plaintiffs had a full time maidservant in his family. The accommodation available to the plaintiff comprises of two living rooms on the first floor, a kitchen on the roof and a privy on the part of the premises in between the two floors. Thus, the accommodation which was available









































































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