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2019 Supreme(Cal) 620

BIBEK CHAUDHURI
Kishori Mohan Sinha alias Singha – Appellant
Versus
Kumaresh Saha – Respondent


Advocates Appeared:
For the Appellant :Kartick Kumar Bhattacharyya, Soumashree Dutta, Advocates.
For the Respondents:Jayanta Das, Soumita Ghosh, Advocates.

JUDGMENT :

1. Predecessor-in-interest of the plaintiffs/respondents filed other suit no. 246 of 1997 against the defendant/appellant praying for his eviction from the suit premises, recovery of khas possession and other consequential reliefs on the grounds of reasonable requirement for building and rebuilding, reasonable requirement for own use and occupation of the plaintiffs and their family members, default, subletting and causing substantial damage of the suit premises.

2. The defendant/appellant contested the said suit by filing written statement. The learned Trial Judge on consideration of the evidence on record, both oral and documentary, adduced by the parties to the suit decreed the same on the grounds of reasonable requirement for building and rebuilding as well as for their own use and occupation as contemplated in Section 13(1)(f) and Section 13(1)(ff) of the West Bengal Premises Tenancy Act, 1956 (hereafter described as the said Act). The Judgment and decree passed by the learned Trial Judge in other suit no. 246 of 1997 was assailed in appeal at the instance of the defendant/appellant which was registered as other appeal no. 63 of 2007. By a Judgment dated 22nd Septembe

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