TARUN KUMAR GUPTA,J. - (1.) THE defendant /tenant is the appellant against this judgment affirming an ejectment decree passed by learned Trial Court.
(2.) ORIGINAL plaintiff Smt. Aparna Roy filed a suit being Title Suit No.367 of 1996 in the Court of learned Civil Judge (Senior Division), 2nd Court, Sealdah praying eviction and recovery of khas possession of the suit premises against the defendant/tenant, on the grounds of unauthorized change of user of the suit premises 2 from residence to business purpose, violation of Section (M), (O) and (P) of the Transfer of Property Act by illegal permanent construction without written consent of the plaintiff and also for reasonable requirement of the same for use and occupation of original plaintiff and her family members including her married daughter. Said suit was filed after giving a statutory notice under Section 13(6) of the West Bengal Premises Tenancy Act, 1956. The defendant contested said suit by filing a written statement denying material allegations of the plaint. It was contended inter alia that with the consent of the landlord he started to use the address of the suit premises as a mailing address of his business under the name and style M/s. Banani Properties and for that purpose he used to pay an amount of Rs.450.00 per month extra to the plaintiff. He denied the other allegations and prayed for dismissal of the suit with cost.
(3.) LEARNED Trial Court framed several issues. Both parties adduced evidence, both oral and documentary. Learned Trial Court after contested hearing decreed the suit and passed a decree of eviction on the ground of reasonable requirement of the suit premises by the original plaintiff and her family members and also for using the suit premises by the defendant tenant other than the purpose for which it was let out by a judgment dated 31st of March, 2004.;