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1980 Supreme(Cal) 320

ANIL KUMAR SEN, BHABES CHANDRA CHAKRABARTI
Bisuna Tewari – Appellant
Versus
Malati Dutta – Respondent


Advocates Appeared:
Miss Nirmala Kumar Chaturvedi and Mrs. Hem Kumari Chaturvedi, for Appellants
Baran Kumar Roy Chowdhury, for Respondent

JUDGMENT

Chakrabarti, J.: Theses are two appeals at the instance of the same defendant arising out of two suits for eviction being Ejectment Suit Nos. 1609 and 1610 of 1965 of the City Civil Court at Calcutta. Both the suits were decreed by the learned Court of first instance and affirmed by this Court in appeal. The defendant has thereupon preferred the present two appeals.

2. The two tenancies in respect of which the two suits were instituted are put different portions of premises No. 11/B, Ramesh Dutta Street, Calcutta. One of the premises carries a rental of Rs. 100/- per month and the other Rs. 6 per month. The case of the plaintiff in both the suits is that she requires the suits premises for the purpose of building and rebuilding. The plaintiff claimed to have determined both the tenancies by service of notice dated May 5, 1965 requiring the defendant to quit and vacate with the expiry of the month of June, 1965. The defendant not having complied with the notice the plaintiff was obliged to institute the suits.

3. The defendant contested both the suits by tiling written statements. The defence is that the plaintiff is merely a benamdar and not the owner of the premises in suits
























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