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2022 Supreme(Cal) 410

BISWAJIT BASU
Hemanta Kumar Prasad – Appellant
Versus
Sri Lakshmi Narayan Jew – Respondent


Advocates appeared:
Mr. Aniruddha Chatterjee, Mr. Debabrata Roy, Mr. Abir Lal Chakraborti, for the Appellant; Mr. Tarak Nath Halder, for the Respondent

JUDGMENT

Biswajit Basu, J. - This is tenant-defendant's appeal against the appellate decree of eviction. The plaintiffs, the respondents herein filed the connected ejectment suit before the Additional Court of learned Civil Judge(Junior Division), Sealdah being Ejectment Suit No. 491 of 2004 for eviction of the appellant from a self-contained flat consisting of three rooms, one kitchen, one bathroom and one veranda situated at the ground floor of the suit premises (hereinafter referred to as the 'suit flat' in short). The eviction of defendant from the suit flat although was sought for on several grounds but the main thrust was on the personal requirement of the plaintiffs for the suit flat.

2. The plaint case in short is that the paternal grandparents of the plaintiffs by a deed of Arpannama dated November 18, 1935 settled the suit premises in favour of 'Sri Sri Lakshmi Narayan Jew' whereby they appointed themselves as the sebaits of the said deity and nominated their only son, the father of the plaintiffs to succeed to their said office after their death. The father of the plaintiffs by an agreement dated July 16, 1986 inducted the defendant as a tenant of the suit flat for a perio

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