SWAPAN KUMAR BANERJEE Vs. PRODYUT KUMAR DUTTA

JUDGEMENT

(1.) This second appeal is at the instance of the plaintiffs and is directed against the judgment and decree dated September 7, 2004 passed by the learned Judge, City Civil Court, 9 th Bench, Calcutta in Title Appeal No.87 of 2003 thereby reversing the judgment and decree passed by the learned Judge, Presidency Small Causes Court, 4 th Bench, Calcutta in Ejectment Suit/Case No.628 of 2000.

(2.) The appellants filed the said suit for ejectment of the defendant/tenant from the premises in suit as described in the Schedule of the plaint on various grounds such as default, damage to the premises in suit, reasonable requirement, etc. The defendant/respondent contested the said suit by denying the allegations contained in the plaint and they got the benefit of Section 17(4) of the West Bengal Premises Tenancy Act, 1956 and the learned Trial Judge dismissed the said suit on contest.

(3.) Being aggrieved by the said judgment and decree, the plaintiffs/appellants preferred an appeal and then the Appellate Court remanded the matter for consideration of the prayer for ejectment on the ground of reasonable requirement. Thereafter, the learned Trial Judge passed the decree for ejectment on the ground of reasonable requirement.