( 1 ) THIS Second Appeal has been preferred against the judgment and decree passed by Civil Judge, Senior Division, Alipore, 7th Court in Title appeal No. 44 of 1998 whereby the decision of the Civil Judge, Junior division, Second Court, Alipore passed in Title Suit No. 71 of 1988 was reversed. The case of the plaintiff/appellant is that, she instituted the ejectment suit praying for eviction of the defendants/respondents from the suit premises. According to the plaintiff, the defendants were the tenant under her in respect of the suit premises for a monthly rent of Rs. 80/- payable according to English calendar month. As the plaintiff required the suit premises for her own use, so she requested the defendants to vacate the suit premises. But as the defendants refused to vacate, so the plaintiff served a notice of eviction on the defendants asking them to vacate the suit premises. In spite of that, the defendants did not vacate the suit premises and as such the plaintiff was compelled to file the suit for eviction against the defendants. The plaintiff also prayed for eviction against the defendants claiming that they are guilty of causing nuisance and annoyance.

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