Sahidullah Munshi, J. - (1.) This second appeal is at the instance of the plaintiffs against the judgment and decree dated 31st July, 2009, passed by the Chief Judge, City Civil Court at Calcutta, in Title Appeal No.81 of 2009, reversing the judgment and decree dated 23rd December, 2008, passed by the learned Judge, 5th Bench of the Presidency Small Causes Court at Calcutta, in Ejectment Suit No.891 of 2000.
(2.) .. According to the plaint case, the defendant was a tenant under the plaintiff and his tenancy was determined by concerned ejectment notice served by the plaintiff requesting the defendant to quit and vacate and hand over peaceful possession of the suit premises on the expiry of the last day of June, 1994. The ejectment sought for by the plaintiff was on the ground that- 1) The defendant was a habitual defaulter in payment of monthly rent; 2) The defendant was not using the suit premises for the purpose which it was let out; 3) The defendant made addition and alteration in the suit premises without previous consent of the plaintiff and 4) The suit premises was reasonably required by the plaintiffs and their family members.
(3.) Defendant entered appearance and filed written statement denying the plaintiffs' case. As many as 10 issues were framed by the trial Court including issue nos.4 and 5 which says - "4. Does the plaintiff reasonably require the suit premises for use and occupation by herself and members of her family?" "5. Is there any suitable alternative accommodation of the plaintiff other than the suit premises?;