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2023 Supreme(Cal) 807

AJOY KUMAR MUKHERJEE
Ajoy Sharma – Appellant
Versus
Dwijendra Nath Dhar, Since deceased, rep. by Mrs. Chitralekha Pyne – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Siddheswar Chandra Mr. Sandip Dutta
For the Respondent: Mr. Krishna Das Poddar

JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. This second appeal is against the decree of eviction on the ground of violation of clauses (m) (o) (p) of section 108 of Transfer of Property Act 1882 and also on the ground of reasonable requirement. Originally Dijendra Nath Dhar being the owner in respect of the premises no. 281/1/1A, B.B. Gangully street Kolkata-12, figuring himself as plaintiff instituted Ejectment Suit No. 838 of 1985 which was subsequently renumbered as 1062/2000 against predecessor in interest of the present appellant and proforma respondents, in respect of one room in the ground Floor of the said premises which is described in the schedule to the plaint, at a monthly rental of Rs. 30/-payable accordingly to English Calendar month. Said suit was originally filed on the ground of default in payment of rent, also for raising unauthorized construction and for reasonable requirement. It is alleged in the plaint that the defendant is a defaulter in payment of rent from the month of February 1980. The defendant/tenant has also constructed a brick built room with mezzanine floor thereon along with RCC stair case attached with it, enclosing the portion of the common Varanda in fr

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