ANA GHOSH Vs. R D ANKLESARIA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree passed by the learned Additional District Judge, 12th court, Alipore, in Title Appeal No, 496 of 1978, reversing the judgment and decree passed by the learned Subordinate judge, 4th Court, Alipore, in Title Suit no. 97 of 1975.

(2.) THE respondent in the title appeal, mrs. Kamala Roy, filed a suit for eviction along with prayer for recovery of mesne profits against the defendant respondent, Dr. R. D. Anklesaria, in respect of a flat at the first floor of the house at premises no. 1, Woodburn Road also known as 41 Woodburn Park within bhowanipore P. S. and two garages and servant's quarters , at the ground floor of the premises, on alleging subletting of a portion of the premises to Aladro private Limited and using the premises for a purpose other than the purpose for which it was let out. It was alleged that the suit-premises was reasonably required for the purposes of building and rebuilding. It was also alleged that the defendant had erected a kitchen without the permission of the plaintiff.

(3.) THE defendant-respondent contested the suit by denying the alleged subletting or construction of kitchen or ' the alleged user of the suit premises for any purpose other than the purpose for which it was let out. It was alleged that the purpose of building and rebuilding was malafide.