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2009 Supreme(Cal) 118

JYOTIRMAY BHATTACHARYA
Arun Kumar Pusti – Appellant
Versus
Raj Narayan Thakur – Respondent


Advocates Appeared:
For the Appearing Parties:Bhudeb Chatterjee, Sanjib Kumar Ghosh, Rabindranath Bag, Advocates.

Judgment :

JYOTIRMAY BHATTACHARYA, J.

(1) This second appeal is directed against the judgment of affirmance passed by the learned Civil Judge (Senior Division), 1st Court at Midnapore in other Appeal No.98 of 1996 affirming the judgment and the decree passed by the leaned Munsiff, 1st Court at Midnapore in other suit no.41 of 1982, at the instance of the plaintiffs/appellants.

(2) Let me give a short background of this case leading to the filing of instant second hereunder: The plaintiffs filed a suit for eviction against the defendant/respondent herein on various grounds under the West Bengal Premises Tenancy Act, 1956, such as (i) default in payment of rent since January, 1980, (ii) causing acts of waste and damages resulting material deterioration of the condition of the suit premises, (iii) causing nuisance and annoyance to the plaintiffs and their neighbours, (iv) change of user of the suit premises without obtaining permission in writing from the plaintiffs, (v) reasonable requirement of the plaintiffs and the members of their family and (vi) for building and rebuilding, addition or alteration of the suit premises. The defendant appeared in the said suit and filed his written



























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