JUDGMENT :

AJOY KUMAR MUKHERJEE, J.

1. Being aggrieved by and dissatisfied with the judgment and decree of eviction of premises tenant, dated 30th August, 2006 passed by learned 3rd Additional Civil Judge (Junior Division), Alipore in Title Suit no. 1 of 2005, the opposite parties herein preferred Title Appeal no. 23 of 2007 before learned Civil judge (Senior Division) 5th court, Alipore, who by the impugned judgment and decree dated January, 14, 2009 has allowed the appeal on contest, thereby set aside the judgment and decree passed by the trial court.

2. The brief background of the suit for eviction is that plaintiff/appellant herein claiming themselves as sole land lords filed the aforesaid ejectment suit against the defendants/respondents herein, on the ground of reasonable requirement. Plaint case is that the original owner, who is the predecessor of the plaintiff, Sri Manmatha Nath Sen during his lifetime executed a trust deed on 30.01.1956. Said settlor of the trust named his wife Smt. Pramila Bala Sen as the trustee and clause 7 of the said trust deed states that Rs. 100/- would be drawn by the said trustee Pramila Bala towards her monthly maintenance from the income of the tr