PRASENJIT MANDAL, J. - (1.) THIS second appeal is at the instance of the plaintiff/appellant and is directed against the judgment and decree of affirmation dated September 13, 2000 passed by the learned Civil Judge 3rd (Senior Division), Court, Alipore in Title Appeal No.171 of 1995 thereby affirming the judgment and decree dated March 31, 1995 passed by the learned Munsif, 5th Court, Alipore in Title Suit No.468 of 1987 for eviction.
(2.) THE plaintiff/appellant herein instituted the aforesaid suit for ejectment on the ground, inter alia, default, reasonable requirement, etc. in respect of the suit premises as described in the schedule to the plaint against the defendant/respondent herein. The defendant/respondent herein is contesting the said suit by filing a written statement denying the material allegations raised in the plaint. Upon analysis of evidence on record, the learned Trial Judge dismissed the suit. The plaintiff/appellant herein preferred an appeal being Title Appeal No.171 of 1995, which was also dismissed on contests. Being aggrieved by such judgment and decree, the plaintiff/appellant herein has preferred this second appeal.
(3.) AT the time of admission of the appeal it was decided that this second appeal should be heard on the two following substantial questions of law: - "(I) For that even assuming though not admitting that any accommodation is available in the suit premises in the hands of the plaintiff appellant for starting a business for his son still then the learned Court below ought to have held that the said accommodation is not reasonably suitable for starting and/or carrying on any business as none of the rooms available to the plaintiff/appellant on the ground floor is situated on the side of the main road. (II) For that non -availability of any accommodation is not sufficient to refuse to pass a decree for eviction on the ground of reasonable requirement in as much as the court while refusing to pass such a decree in required to find out as to whether the accommodation available is reasonably suitable or not for the purpose of which the landlord is seeking eviction." ;