1962 Supreme(Gau) 54
G.MEHROTRA
Jagannath Karanani – Appellant
Versus
Sayed Abdul Wahed – Respondent
Advocates Appeared:
S.K.Ghose , J.P.Bhattacharjee, J.K.Barua, B.Islam
This is defendants' appeal. Plaintiff-respondents brought a suit for ejectment of the contesting defendants. Plaintiffs Nos. 1 to 6 are the sons and plaintiff No. 7 is the widow of one late Syed Abdul Kadir. Defendants Nos. 1 and 2 are the principal defendants and defendant Nos 3 10 6 are joined as pro forma defendants ; they have some interest in the land whereon the suit house stands. Defendant No. 1 occupied the house in suit being holding No. 81 of the Jorhat Municipality and both the defendants Nos. 1 and carried on cloth business therein. The rent of the house was settled at Rs. 100/- per month by a compromise in Misc. Case No. 55 of 1952 in the Com of the Subordinate Judge. The suit was brought for ejectment of the defendants on the ground the plaintiffs bona fide required the house to star their own business. Plaintiff No. 1 being the hear of the family looks after the property of the family and he served a notice dated 21-7-58 asking the defendants to vacate the house but they refused do so. The defendants denied that the plaintiff required the house for their own business and there contended that the plaintiffs waived the notice
(2) The trial court dismissed the suit on th
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