Arun Kr. Mitra, J. - (1.) This Second Appeal arises out of a Suit for eviction. The Plaintiffs filed a suit for eviction of the defendants/tenants on three grounds. a) Reasonable requirement for his own use and occupation. b) Default in payment of rent and c) the defendants/tenants have violated the provisions of Clauses m, o, p of Section 108 of the Transfer of Property Act.
(2.) The Plaintiff, Ashoke Kr. Ghosh filed the suit on 18th January 1980 before the Learned 4th Munsif and the suit was registered as T.S. 34 of 80. The original defendant, who was the tenant, Smt. Sefalika Mitra died and the present appellant Nirmal Kr. Mitra; the Son of Sefalika Mitra and the Proforma Defendant Nos. 2 to 4, who were the married daughters of the original defendant was substituted in place and instead as defendant Nos. 1 to 4. The suit was transferred to the Court of Learned Second Additional Munsif, where it was numbered as T.S. No. 96 of 85.
(3.) The plaintiff' amended the plaint and after amendment the case of the plaintiff stood as follows: Plaintiff is the owner of the Premises No. 13, Ananda Banerjee Lane, Calcutta 20. The plaintiff got this suit property by virtue of a registered deed of gift executed by his father in 1956. The defendant was a monthly tenant under the plaintiff at a rental of Rs. 50 payable according to the English calendar month in respect of the Premises No. 13, Ananda Banerjee Lane (except two Eastern Ground Floor rooms) fully described in the schedule of plaint and this property will hereinafter be termed as Suit Property. ;