I DAVID Vs. STATE BSNK OF INDIA STAFF
HIGH COURT OF CALCUTTA
STATE BSNK OF INDIA STAFF
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(1.) THIS appeal is by the tenant-defendant. It arises out of a! suit for ejectment under the West bengal Premises Rent Control (Temporary Provisions) Act, 1950. The appeal is directed against the decree for ejectment, passed by the lower appellate Court on the ground of the plaintiff's reasonable requirement of the disputed premises after building and rebuilding. For the said purpose, the plaintiff filed a sanctioned plan, in which the proposed building and the rebuilding have been indicated. On the said plan and the evidence before the Court, the learned Judges in the court of appeal below came to the conclusion that the plaintiff reasonably required the disputed premises for its own use and occupation after building and rebuilding.
(2.) ON the materials before us, we are unable to say that the said finding is perverse or not justified by the evidence on record. The Court of appeal below also came to the conclusion, on due consideration of the different aspects of the matter, that, in the instant case, the balance of comparative advantage and disadvantage will entitle the plaintiff to a decree under the relevant statutory provision. We have no reason, on the materials before us, to differ from the said view of the lower appellate court.
(3.) MR. Mukherji, arguing this appeal on behalf of the appellant, contended that the plaintiff's case, on which the lower appellate court decreed its claim, is not to be found in the plaint. We have read the plaint and we are satisfied that there is no substance in the above contention of Mr. Mukherji.;
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