PRASENJIT MANDAL, J. - (1.) THIS Second Appeal is at the instance of the plaintiff and is directed against the judgment and decree dated June 17, 2004 passed by the learned Additional District & Sessions Judge, Fast Track 5th Court, Alipore in Title Appeal No.246 of 2003 thereby reversing the judgment and decree dated September 24, 2003 passed by the learned Civil Judge (Junior Division), First Additional Court, Alipore in Title Suit No.9 of 1999.
(2.) THE plaintiff/appellant herein filed the aforesaid suit against the respondent for eviction on the ground, inter alia, default, reasonable requirement, etc. The defendant/respondent herein is contesting the said suit by filing a written statement denying the material allegations raised in the plaint. Both the parties have adduced evidence and on the basis of the evidence on record, the learned Trial Judge has decreed the suit for eviction holding, inter alia, that the defendant is a defaulter in payment of rent.
(3.) THE defendant preferred an appeal being Title Appeal No.246 of 2003 which was allowed on contests thereby reversing the judgment and decree passed by the learned Trial Judge. Being aggrieved, the plaintiff has preferred this second appeal.;