Decided on February 28,1961

Bejoy Kumar Boral Appellant
Abala Bala Dutt Respondents


- (1.) This is the Defendant's appeal, arising out of a suit for ejectment. The suit was brought after service of the requisite notice to quit and the landlady's plea under the Rent Control Law was that she required the suit premises for her own occupation and/or. for building and rebuilding. The suit has been decreed by the learned trial Judge, who has accepted the landlady's case, save and except the minor allegations that two nephews were members of her own family and that she required the suit premises for inter alias giving effect to a deed of partition. The Defendant has now come up on appeal to this Court.
(2.) The learned trial Judge has found that the landlady's family consists of herself, her two adult sons, the elder son's wife and two children and one wholetime maid servant. He has also found that the landlady has a family deity which has to be located in one of the rooms to be kept as Thakur Ghar. The learned trial Judge has further accepted the Plaintiff's evidence that, the business of her two sons needs expansion and, therefore, requires additional accommodation. He has also found, on the evidence of P.W. 2, that the Plaintiff requires the disputed premises for substantial repairs which amount to rebuilding. Upon these findings and upon the notice to quit, which was held by him to be valid and sufficient, the learned trial Judge has decreed the Plaintiff's suit without considering the question of partial eviction, presumably, upon the view that the offer in that respect was refused by the Defendant in his evidence.
(3.) On the question of the Plaintiff's requirement of the suit premises for her own occupation, the specific findings of the learned trial Judge are as follows: (1) That, for want of accommodation the Plaintiff's second son cannot be married and additional accommodation is necessary for that purpose, and (2) That, for expansion of the Plaintiff's Sons' business also, further accommodation is necessary.;

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