MRS. V. AVIET Vs. MALIK ZAFAR AHMED AND ANOTHER
LAWS(CAL)-1987-9-39
HIGH COURT OF CALCUTTA
Decided on September 08,1987

Mrs. V. Aviet Appellant
VERSUS
Malik Zafar Ahmed And Another Respondents

JUDGEMENT

L.M. Ghosh, J. - (1.) On the 27th January 1976 the plaintiffs filed an Ejectment Suit No. 90 of 1976 in the City Civil Court at Calcutta, against the defendant/Appellant. The grounds for ejectment, as set out in the plaint, were, default, sub-letting, using the premises for illegal or immoral purposes, reasonable requirement, waste or negligence and nuisance to the neighbours. A notice dated 17th July, 1975 was referred to. By that notice, the defendant was required to vacate the suit premises with the expiry of the last date of the month of August 1975. As the defendant failed to vacate, the plaintiffs filed the suit for ejectment.
(2.) The defendant, in her written statement, denied all the allegations in the plaint. Particularly, she denied that the plaintiffs had grounds for asking for a decree for eviction. As to the default, the defendant mentioned that she was depositing rent with the Rent Controller from July, 1975.
(3.) The learned Judge, presiding ever the 3rd Bench of the City Civil Court, decreed the suit on the grounds of reasonable requirement and default. The other grounds pleaded by the plaintiffs were rejected.;


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