Kalyan Jyoti Sengupta, J. - (1.) This is an appeal of the defendant/tenant in an ejectment suit against he first appellate Court's judgment and decree dated 31st May, 1990 in Title Appeal No. 245 of 1987 in connection with Title Suit No. 424 of 1984.
(2.) The plaintiff respondent being the owner of the property in question filed a suit for eviction of the defendants principally on two groups, viz., reasonable requirements for his own use and occupation and also for building and rebuilding purpose.
(3.) Initially the suit was dismissed by the learned Trial Judge on all points. However, an appeal being taken against dismissal of the suit, at the first instance, the first appellate Court by a judgment and decree dated 31st May, 1990 set aside the decree and order of dismissal passed by the learned Trial Judge. The learned appellate Court below came to findings that the plaintiff reasonably required the premises in question for building and rebuilding purposes. However, he did not accept the plaintiff's case for reasonable requirement for his own use and occupation. So he did not pass any decree on the ground as aforesaid. It is worthwhile to record that against the decree of the first appellate Court no appeal had been taken.;