BHASKAR BHATTACHARYA,J. - (1.) THIS first appeal is at the instance of a substituted defendant and is directed against the judgment and decree dated April 26, 1993 passed by the learned Judge, 10th Bench, City Civil Court. Calcutta in Ejectment Suit No. 342 of 1985.
(2.) THE aforesaid ejectment suit No. 342 of 1985 was filed by the respondent herein against one Smt. Shefalika Roy since deceased, the maternal grand mother of the present appellant for eviction on the ground of reasonable requirement, sub-letting and violation of Clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act. So tar as the ground of reasonable requirement is concerned, according to the respondent, she purchased the suit property which is a two storied building from the previous owner of the suit property on Sept. 25, 1981 and, thus, became owner of the same. According to the plaintiff/respondent she requires the entire suit property for her own use and occupation and for the occupation of the members of her family. The plaintiff's family consists of herself, her husband, one major son, who was 24 years old at the time of institution of the suit, the younger son, who is a polio patient and was aged 14 years at that time and two unmarried daughters aged 22 and 20 years respectively at the relevant time.
(3.) THE plaintiff requires one room for herself, and her invalid son who is to be constantly looked after, one room for her husband, one room for her elder son. who had attained marriageable age, one room each for her daughters who were students, one was studying Master Degree and other was a student of B.A. Degree. The respondent further requires one room on the ground floor as study room for her two daughters and the same will also be used for her maid servant's bedroom. The respondent further requires one room for her husband who is a businessman and is required to entertain customers. Thus, according to the plaintiff, she requires the entire suit property for her own use and occupation.;