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1989 Supreme(Cal) 307

Shamsuddin Ahmed, Pabitra Kumar Banerjee
Amiya Charan Law – Appellant
Versus
Indian Jute Company Limited – Respondent


Advocates Appeared:
Aryan Kumar Banerjee, Bhaskar Ghosh, S.N. Mukherjee, Sudhis Das Gupta

Judgment

1. THIS is an appeal from the order of remand of the appellant Court reversing the decree for eviction passed by the Learned Subordinate Judge, 6th Court, Alipor in Title Suit No. 14 of 1984 of the said Court. The Indian Jute Company Ltd. (hereinafter called the Company)filed a suit for eviction against the defendant-tenants Amiya Charan Law and two others from premises no. 2, Palm Avenue, Calcutta on the ground that the Company reasonably required the said premises for its own occupation and for the occupation of its Senior Staff. A notice to quit preceded the institution of the Suit. The defendants contested the suit by filling a joint written statement in which, amongst other grounds, they denied the company's case of reasonable requirement. The said suit was initially registered as Title Suit No. 66 of 197 3 and it was decreed by the Subordinate Judge 2nd Court, Alipore by his judgment and order dated 7th March, 1981. On appeal by the tenants, the learned Additional District Judge 10th Court, Alipore by his judgment and order dated 23rd November, 1981 set aside the decree and sent the case back on remand to the trial Judge for disposal after framing of an additional iss







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