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2000 Supreme(Cal) 83

Tarun Chatterjee, Amit Talukdar
Santosh Kumar Mitra – Appellant
Versus
Snehalata Roy – Respondent


Advocates appeared:
A.C. Bagchi, T.K. Ghosh for the appellant
S.P. Raychoudhury, Mamab Saijan, M.L. Poddar, Malay Das for the respondent

Judgment

Tarun Chatterjee, J.

This appeal is by the defendants/appellants and directed against a judgment and decree passed by Sri N.C. Chakraborty, Judge, 8th Bench, City Civil Court at Calcutta in Ejectment Suit No. 163 of 1987.

2. The suit was instituted against the appellants for eviction form the suit premises on the ground of sub-letting, reasonable requirement and default.

3. So far as the grounds relating to default and sub-letting are concerned, the trial court held that since the defendants-appellants had complied with the provisions of section 17(2)(2A) of the West Bengal Premises Tenancy Act (hereinafter referred to as "the Act") the defendants/appellants were entitled to be protected under section 17(4) of the Act and that there was no sub-letting for which a decree for eviction could be passed against the defendants/appellants. No argument was advanced by the learned counsel for the parties before us on the aforesaid grounds for eviction. The suit was therefore, decreed only on the ground of reasonable requirement.

4. Before we proceed further, we must keep it on record that Mr. Bagchi, learned advocate, appearing on behalf of the defendants-appellants, did not make any su
































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