- (1.) This appeal has been heard on the dates mentioned above and today the learned Advocate appearing on behalf of the respondent has completed his submissions and the learned Advocate for the appellant has also given his reply. Hearing is concluded.
(2.) This Court now proceeds to pass the following judgement.
(3.) The facts of the case, briefly, are as follows: The appellant in the present appeal is the plaintiff in Ejectment Suit No. 1371 of 2000 which was placed before the learned 5th Bench, Presidency Small Causes Court at Calcutta and the said suit was filed against the defendant, Ram Prasad Chandra and brothers who is the respondent in the present appeal. It appears that the said defendant was represented by one Manik Lal Chandra and on the death of the said Manik Lal Chandra, his heirs and legal representatives have been representing the said defendant-respondent. The plaintiffs case was that the plaintiff is the owner of the suit property which comprises of three rooms, covered verandah and common bath and privy at premises No. 98/2A, Taltala Lane, Calcutta-700 014. It appears that originally the suit was filed by the present appellant and his mother, Smt. Maya Chatterjee. The plaintiffs father is Late Madhusudan Chatterjee. It further appears that the said Maya Chatterjee died during the pendency of the proceedings and the plaintiff being her son continued with the proceedings. The plaintiffs case is that the plaintiff is the owner of the suit property and the defendant, a firm, was constituted by Sri Ram Prasad Chandra and Manik Lal Chandra and the said firm was a tenant in respect of the suit property. The plaintiff prayed for eviction of the defendant from the suit property on the ground that the defendant is a defaulter in payment of rent, the defendant has sublet the suit property illegally to third parties and has caused nuisance and annoyance and has also changed the mode of user of the suit property. The plaintiff also alleged in the plaint that the plaintiff requires the suit premises for his own use and occupation and for the use and occupation of his family members.;