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2005 Supreme(Cal) 406

BHASKAR BHATTACHARYA, RAJENDRA NATH SINHA
UINA DEVI KHANNA – Appellant
Versus
AVA RANI DAS – Respondent


Advocates Appeared:
RABINDRA NATH MAHATO, Swapna Mukherjee

BHASKAR BHATTACHARYA, J.

( 1 ) THIS appeal is at the instance of tenant-defendants in a suit for eviction and is directed against the judgment and decree dated September 5, 1994 passed by the learned Judge, 5th Bench, City Civil court at Calcutta in Ejectment Suit No. 1066 of 1986 thereby passing a decree for eviction against the appellants on the grounds of reasonable requirement, violation of clauses (m), (o) and (p) of section 108 of the Transfer of Property act and also on the ground of sub-letting.

( 2 ) THE plaintiff-respondent filed the aforesaid suit against the appellants alleging that the appellants were monthly tenants under her in respect of the suit property at the monthly rental of Rs. 80/- payable according to the English calendar month. According to the plaintiff, the defendants committed default in payment of rent, sublet the property in favour of one Raju Kapoor, and committed acts contrary to the provisions of clauses (m), (0) and (p) of section 108 of the Transfer of Property Act. In addition to those grounds, the plaintiff reasonably required the suit premises for her own use and occupation.

( 3 ) THE aforesaid suit was contested by the present appellants by
















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