Arun Kumar Mitra, J. - (1.) Suit for eviction on the ground of default as well as on the ground of reasonable requirement of the plaintiffs for their own use and occupation insofar as the suit premise is concerned, brings about his Second Appeal.
(2.) Original defendant Saroj Mohan Majumdar was a tenant under the original plaintiff Durga Prasad Barui in respect of two bed-rooms, kitchen, bath/privy etc. The monthly rental was Rs. 40/- payable according to the English Calendar month and this was the case as made out by the plaintiff. The plaintiff made out further case that the defendant was a defaulter in payment of rent from January, 1974. Plaintiffs require the suit premises for their own use and occupation. Due notice of eviction was served upon the defendant before filing this suit determining the tenancy but to no effect. Hence in this suit substituted defendants are now contesting the suit by filing written statement denying all the allegations made out in the plaint.
(3.) The defendants have contested the suit and made out the case inter alia to the extent that all the defendants are tenants in the suit premises but rent receipt was illegally issued only in favour of the defendant No. 3, Amarendra Mohan Majumdar, who paid rent as usual. The rent is still deposited with the Rent Controller, Barrackpore and defendants are not defaulter as alleged. Moreover, existing accommodation of the plaintiff is still sufficient and therefore, this suit is liable to be dismissed with costs. On the above pleadings, the following issues were framed : (i) Is the suit maintainable, as framed ? (ii) Are the defendants defaulter in payment of rent, as alleged, if so, are they entitled to get any protection under Section 17(4) of the West Bengal Premises Tenancy Act ? (iii) Is the notice to quit legal, valid and sufficient ? If so, has the same been properly served ? (iv) Do the plaintiffs require the suit premises for their own use and occupation ? (v) Have the plaintiffs any reasonable suitable accommodation elsewhere ? (vi) Are the plaintiffs entitled to get a decree, as prayed for ? (vii) To what other reliefs, if any, are the plaintiffs entitled ?;