Tarun Kumar Gupta, J. - (1.) THIS appeal is directed against the judgment and decree dated 31st March, 2006 passed by the learned Additional District Judge, 3rd Court, Purulia in Title Appeal No.44 of 2005, reversing the judgment and eviction decree dated 20th May, 2005 passed by learned Civil Judge (Junior Division), Additional Court, Purulia in Title Suit No.390 of 1988.
(2.) THE appellant/plaintiff/landlord filed a suit for eviction alleging default in payment of rent, change of user from residential to business, damage of the property, reasonable requirement of the suit premises for the plaintiff and his family members as they have no reasonable suitable accommodation elsewhere and also for building and rebuilding of the suit property. The plaintiff/landlord sent a notice to quit before filing of the suit but without any result. Accordingly, the landlord/owner has filed a suit for eviction. The respondent/defendant contested the said suit by filing a written statement denying material allegations of the plaint and contending, inter alia, that plaintiff was not the owner of the suit premises and that he did not require the suit premises either for reasonable requirement or for building and rebuilding and that he did not cause any damage or was not guilty of change of user.
(3.) AFTER contested hearing, learned Trial Court decreed the suit for eviction on the ground of default, change of user and reasonable requirement of the suit premises by the plaintiff for use of self and his family members. However, learned Trial Judge disbelieved the allegation of plaintiff about causing damage of the suit premises by the defendant/tenant and requirement of the suit premises by the plaintiff for building and rebuilding.;