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2002 Supreme(Cal) 697

ASOK KUMAR GANGULY, Hrishikesh Banerji
Gopal Chandra Das – Appellant
Versus
Saraswati Basak – Respondent


Advocates Appeared:
Mrinal Roy, Ranjit Chowdhury for the appellant;
S.P. Roy Chowdhury, Jiban Ratan Chatterjee, Manab Sajjan, Sudipta Banerjee for the respondent.

JUDGMENT

Asok Kumar Ganguly, J.

This appeal is directed against the judgment and decree dated 19th December, 1994 passed in Ejectment Suit No. 745 of 1980 by the Eighth Bench of City Civil Court decreeing the suit on contest against the tenant/defendant who is the appellant before us.

2. The suit was for eviction and recovery of khas possession in respect of premises No. 54B, Shyampukur Street, Calcutta - 700 004 (hereinafter called the suit premises). The appellant was a tenant of the said premises at a rent of Rs. 30/- per month according to English Calendar in respect of four rooms, bathroom, privy in the ground floor of the said premises. The suit was filed on grounds of default and reasonable requirement, sub-letting and also waste and negligence. The plaint in the case was amended twice.

3. The defendant/appellant contested the plaint case by filing written statement denying therein the case made out in the plaint.

4. The following issues were framed by the trial Court :

“1. Is the suit maintainable?

2. Whether notice of ejectment and of suit dated 5th June, 1980 has been duly served upon the defendant? If so, is it legally valid and sufficient?

3. Whether the plaintiff reasonably re






































































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