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1985 Supreme(Cal) 402

SUDHIR RANJAN ROY
Dayal Prasad Sanyal – Appellant
Versus
Nripendra Ch. Chakraborty – Respondent


Advocates Appeared:
Tarun Chatterjee for appellant;
Swadesh Bhusan Bhunia for respondent.

JUDGMENT

This is a defendant's appeal arising out of the judgment and decree passed in Title Appeal No. 516 of 1982 by the learned Additional District Judge, Ninth Court, Alipore, revising those of the learned Munsif, Fifth Court, Alipore in Title Suit No. 385 of 1977.

2. The plaintiff filed the aforesaid suit for ejectment of the defendant from the suit premises as described in the schedule to the plaint, on the grounds of default, material deterioration to the condition of the suit premises and on the ground of reasonable requirement of the plaintiff.

3. By a notice to quit dated April 4, 1977, the plaintiff terminated the defendant's tenancy directing him thereby to suit and vacate the premises on the expiry of the month of May 1977.

4. However, the defendant not having vacated the suit premises in spite of the notice, the plaintiff filed the instant suit for khas possession and mesne profits.

5. The defendant contested by filing a written statement denying inter alia the ownership of the plaintiff in respect of the suit property and there was a further denial to the effect that the plaintiff actually required the suit premises for his own use and occupation.

6. On the aforesaid facts






































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