- (1.) This Court has heard the learned Advocates for the respective parties and has considered the materials on record. Today the hearing has been completed and now this Court proceeds to deliver the following judgment.
(2.) The facts of the case, very briefly, are as follows: The plaintiff/appellant filed a suit for eviction against the defendant/respondent under the West Bengal Premises Tenancy Act, 1956, inter alia, on the ground that the defendant/respondent committed nuisance and annoyance, the defendant was a defaulter in payment of rent and the plaintiff reasonably required the suit premises for his own use and occupation. The plaintiff's case was that the suit house being Suit holding No. 13B, Jogesh Mitra Road, P.S. Bhowanipur, Kolkata, belonged to his mother, Smt. Mukul Bose, who had executed the deed of settlement dated 19.05.1978 which provided that as long as the said Mukul Bose should remain alive she will enjoy the said property but after her death her sons, as mentioned in the said Deed, would succeed to the property in accordance with the allotment made in the said deed. According to the plaintiff, the plaintiff became the absolute owner of the ground floor of the said holding. The plaintiff has stated that the defendant was a tenant in respect of the suit premises which is situated on the ground floor of the said holding but the defendant is liable for eviction on the grounds as indicated above. The plaintiff claimed to be a practicing advocate and he required the premises for his own use and occupation. The plaintiff has served a notice of eviction dated 28.06.1991 upon the defendant but the defendant failed to comply with such notice and hence the said suit.
(3.) The defendant contested the said suit by filing a written statement denying the material allegations made in the plaint but admitted the fact that he was inducted as a tenant in respect of the suit premises by the mother of the plaintiff. The defendant also took the stand that the said deed of trust was revoked by the said Mukul Bose and such fact has been suppressed by the plaintiff and the defendant denied the plaintiff's alleged absolute title in respect of the ground floor of the suit holding.;