L.M. Ghosh, J.

On the 27th January 1976, the plaintiffs filed an Ejectment Suit no. 90 of 1976 in the City Civil Court at Calcutta, against the defendant appellant. The grounds for ejectment. as act out in the plaint, were, default, sub letting, using the premises for illegal or immoral purposes, reasonable requirement, waste or negligence and nuisance to the neighbours. A notice dated 17th July, 1975 was referred to. By that notice, the defendant was required to vacate the suit premises with the expiry of the last date of the month of August 1975 As the defendant failed to vacate, the plaintiffs filed the suit for ejectment

2. The defendant, in her written statement, denied all the allegations in the plaint. Particularly she denied that the plaintiffs had grounds for asking for a decree for eviction. As to default, the defendant mentioned that the was depositing lent with the Rent Controller from July, 1975.

3. The learned Judge, presiding over the 3rd Bench of the City Civil Court, decreed the Suit on the grounds of reasonable requirement and default the other grounds pleaded by the plaintiffs were rejected.

4. Not accepting the judgment and decree of the learned trial c