BISUNA TEWARI AND OTHERS Vs. SMT. MALATI DUTTA

JUDGEMENT

(1.) These are two appeals at the instance of the some defendant arising out of two suits for eviction being Ejectment Suit Nos. 1609 and 1610 of 1965 of the City Court at Calcutta. Both the suits were decreed by the learned Court of first instance and affirmed by this Court in appeal. The defendant has thereupon preferred the present two appeals.

(2.) The two tenancies in respect of which the two suits were instituted are put different portions of premises No. 11/B, Ramesh Dutta street, Calcutta. One of the premises carries a rental of Rs. 100/- per month and the other Rs. 6 per month. The case of the plaintiff in both the suits is that she requires the suits premises for the purpose of building and rebuilding. The plaintiff claimed to have determined both the and rebuilding. The plaintiff claimed to have determined both the tenancies by service of notice dated May 5, 1965 requiring the defendant to quit and vacate with the expiry of the month of June, 1965. The defendant not having complied with the notice the plaintiff was obliged to institute the suits.

(3.) The defendant contested both the suits by filing written statements. The defence is that the plaintiff is merely a benamdar and not the owner of the premises in suits. The plea of reasonable requirement for purposes of building and rebuilding was denied. The defendant further took a plea that the tenancy in respect of Suit No. 1609 carrying a rental of Rs. 100/- per month is not a tenancy running according to English Calender month. The positive case of the defendant in this regard is that the tenancy commenced on March 10, 1949 and the month of tenancy is from the 10th of month to the 9th of the succeeding month according to English Calender.