SRI OM PRAKASH LATH Vs. DR. SAMBHUNATH MAL
LAWS(CAL)-1983-12-28
HIGH COURT OF CALCUTTA
Decided on December 25,1983

SRI OM PRAKASH LATH Appellant
VERSUS
DR. SAMBHUNATH MAL Respondents

JUDGEMENT

Amitabha Dutta, J. - (1.) This is an appeal by the defendant the judgment and decree of the learned district Judge, Howrah reversing the decision of the learned Munsif, 3rd court. Howrah and it arises out of a suit for ejectment and mesne profits.
(2.) The plaintiff's case may be briefly stated. The defendant was a monthly tenant under the plaintiff in respect of two rooms besides kitchen, bath, privy etc. in the ground floor of Premises No. 4/18, G. T. Road (South), P.S. Howrah at a rent of Rs. 150/- per month payable according to English Calendar month. The defendant defaulted in payment of rent for July and August 1975. The plaintiff who is a medical practitioner has been suffering from Myocardial Infraction. and is in urgent need of the ground floor room let out to the defendant as the plaintiff requires them for his own accommodation and to carry on his medical profession. For want of appropriate accommodation the plaintiff is running his profession at "the great risk of life and proficiency ". A notice of ejectment and suit was duly served on the defendant on behalf of the plaintiff calling upon him to vacate the suit premises on the expiry of November 1975.
(3.) The other grounds of ejectment pleaded in the plaint are no longer material for the present purpose. The defendant has contested the suit by filing written statement in which he has denied the alleged grounds of ejectment and also the validity and service of the notice of ejectment.;


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