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2001 Supreme(Cal) 465

Pranab Kumar Chattopadhyay
Hirak Roy Chowdhury – Appellant
Versus
Dulal Chowdhury – Respondent


Advocates Appeared:
Sambuddha Chakraborty for the appellant;
S.P. Roy Chowdhury & Indrajit Mandal for the respondents.

JUDGMENT

Pranab Kumar Chattopaphyay, J.: This second appeal is directed against the judgment and decree dated 31st July, 1992 and 10th August, 1992 respectively passed by the learned Assistant District Judge, 3rd Court, Alipore in the Title Appeal No. 222 of 1991 affirming the judgment and decree dated 30th April, 1991 and 7th June, 1991 respectively by the learned Munsif, 2nd Court, at Alipore in Title Suit No. 348 of 1978.

2. The appeal is at the instance of the defendant in a suit for eviction and mesne profits. The plaintiffs are the owners of the suit premises at premises being 20B, Bullygung Station Road where the original defendant Smt. Sulata Ghosh (since deceased) was a monthly tenant in respect of the ground floor at a rental of Rs. 110/- payable according to English calendar month. The suit was filed on the ground of default in payment of rent since February, 1977 and for causing damage to the suit premises. The other grounds mentioned in the plaint by the plaintiffs are subletting of a portion of the suit premises to one Bireswar Roy Chowdhury without the knowledge and consent of the plaintiffs and the plaintiffs also reasonably required the suit premises for their own us




















































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