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1988 Supreme(Cal) 197

SANKARI PRASAD DAS GHOSH, L.M.GHOSH
Uma Roy – Appellant
Versus
Mehamala Dey – Respondent


Advocates:
Advocate Appeared
Mrinal Kanti Roy, Sushanta Palodhi in F.A. 116 of 1983
Saradindu Samanta, Miss Seba Bose in F.A. 264 of 1984
Tarun Chatterjee, Bijan Majumdar in both the appeals

JUDGMENT

L.M. Ghosh, J.

1. F.A. No. 116 of 1983 and F.A. No. 264 of 1984 arise from the same judgment and decree passed by the learned Judge, 13th Bench of the City Civil Court, Calcutta, in Ejectment Suit No. 1412 of 1975. As both the appeals arise from the common judgment and decree, they are being disposed of by one judgment.

2. Admittedly, one Basanta Kumar Das was the tenant in respect of the suit premises under the plaintiff at a monthly rent of Rs. 110/-, according to English Calender Month. The said Basanta Kumar Das died leaving his wife, three daughters and three sons. All of them were originally made parties in the ejectment suit. Ultimately, the names of the defendants 1, 2, 5, 6 and 7 were struck off. So that the matter is now contested only by the defendants 3 and 4, the two daughters of late Basanta Kumar Das. F.A. No.116 of 1983 has been preferred by one daughter, the defendant No.4 in the ejectment suit. F.A. No. 264 of 1984 is at the instance of another daughter, the defendant No.3.

3. The plaintiff has filed the ejectment suit, claiming to be the owner landlord. The grounds set out in the plaint are the grounds of subletting default and reasonable requirement for own




















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