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BISWAJIT BASU
Gayatri Dutta – Appellant
Versus
Manika Ghosh. – Respondent
JUDGMENT
Biswajit Basu, J. - The present second appeal is at the instance of the tenants/defendants in a suit for Ejectment and is directed against the judgment and decree dated January 05, 2007 passed by the VIth Bench, City Civil Court at Calcutta in Title appeal No. 11 of 2006 thereby affirming the judgment and decree dated November 18, 2005 passed by the learned Judge, IVth Bench, Presidency Small Causes Court Calcutta in Ejectment Suit No. 2458 of 2000.
2. The appellants were the tenants in respect of one shop room at the ground floor of premises no. 172 Bidhan Sarani, Kolkata- 700006, under the respondent. The respondent filed the said ejectment suit for eviction of the appellants from the suit shop room on the ground that the respondent requires the suit shop room for her own use and occupation as well as for the use and occupation of her family members and she has no other reasonably suitable accommodation elsewhere. The other ground on which the respondent sought eviction of the appellants from the suit shop room is that the appellants had defaulted in payment of rent.
3. The present second appeal was admitted under Order XLI Rule 11 of the Code of Civil Procedure on December
The landlord's genuine requirement for additional accommodation for personal use entitles the landlord to use it as best suits the requirement, and subsequent events may be considered to have oversha....
Landlords must provide credible evidence of genuine and bona fide requirements for eviction; mere assertions are insufficient.
The landlord is obligated to plead and prove the availability of alternate accommodation and its unsuitability for the alleged need, as per the provisions of section 12(1)(f) of the Accommodation Con....
The landlord's requirement for eviction must be reasonable and adjudged by common standards, and it must continue to exist at the time of the final disposal of the proceeding.
The personal requirement of the plaintiffs as Sebaits and beneficiaries of the Debuttar estate is sufficient to maintain a suit for eviction under the West Bengal Premises Tenancy Act 1997.
Tenancy and Land Lord - Bona fide & ‘need’ - If a landlord is in genuine and bona fide need of a tenanted portion, tenant cannot legally raise the issue that space available with landlord is adequate....
Eviction of tenant – Bonafide requirement of landlord proved beyond doubt.
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