MINATI SAHA Vs. SANJIT KUMAR PANDEY

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 1st of June, 2000 passed by learned Civil Judge, (Senior Division), Additional Court, Hooghly in Title Appeal No. 19 of 1997 reversing the judgment and decree dated 30th September, 1996 passed by learned Munsif, 1st Court, Hooghly in Title Suit No. 279 of 1993.

(2.) The respondents as plaintiffs filed said suit for eviction on the ground that they reasonably required the suit shop room which was let out to the defendant tenant, for starting business by plaintiff No. 2 and 3 being unemployed youths. They also prayed for eviction on the ground of building and rebuilding of the suit premises after evicting the defendant therefrom as the defendant caused damage to the suit premises. Accordingly the suit was filed for eviction of the defendant tenant and also for mesne profit after sending statutory notice.

(3.) The defendant tenant contested the suit by filing a written statement denying the allegations of causing damage to the suit property thereby requiring vacant possession of the same for building and rebuilding, or of requiring the same for starting business by plaintiff No. 2 and 3. According to the defendant he was running a grocery shop in the suit shop room for long and that the plaintiffs were trying to evict him so that they can induct a new tenant with high salami and higher rent. Learned Trial Court framed several issues. Learned Trial Court after contested hearing dismissed the suit.