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2011 Supreme(Cal) 1555

TARUN KUMAR GUPTA
Gayatri Mondal – Appellant
Versus
Mina Mondal – Respondent


Advocates Appeared:
For the appellant: Mr. Ayan Banerjee
For the respondent: Mr. Gopal Ghosh

JUDGMENT : -

Tarun Kumar Gupta, J.:-

This appeal is directed against judgment and decree dated 20th April, 2005 passed by learned Additional District Judge, Fast Track Court-IV, Alipore in Title Appeal No.117 of 2004 affirming the judgment and decree of eviction dated 29th of June, 2004 passed by learned Civil Judge (Junior Division), 5th Court at Alipore in Title Suit No.59 of 1990.

2. The respondents’ predecessor-in-interest viz Satkari Mondal as plaintiff filed said suit for eviction alleging that he was absolute owner of suit premises No.38 Upen Banerjee Road and the defendant was a monthly tenant under him at a rental of Rs.100/- per month payable according to English calendar month. Plaintiff filed said suit for eviction on the ground of default and reasonable requirement after sending a notice to quit dated 13th December, 1989 under registered post with A/D which returned with postal endorsement “refused”. During pendency of the suit original plaintiff Satkari Mondal died and present respondents were substituted in his place as heirs and legal representatives. An amendment petition was filed in 2003 to change the address of suit building as well as suit premises owned by o





















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