Mahitosh Majumdar, J. - (1.) Yesterday this appeal was taken up for hearing but the Court adjourned the hearing till today on account of absence of the learned Advocate for the respondent. Even today no one is present on behalf of the respondent when the matter is taken up for hearing. This is a very unfortunate state of affairs. Accordingly, I allowed Mr. Tarun Chatterjee, the learned Advocate to proceed with the matter.
(2.) This appeal arises out of the judgment and decree dated August 11, 1977 passed by the Additional District Judge, 11th Court at Alipore in Title Appeal No. 156 of 1977 reversing those dated December 18, 1976 passed by the Munsif, 1st Court, Sealdah in Title Suit No. 431 of 1974.
(3.) The plaintiff filed a suit for eviction and for mesne profit. The plaintiffs case, in brief, is as follows : The defendant was a tenant under the plaintiff in respect of the suit premises at a monthly rental of Rs. 150/- payable according to the English Calendar month. The plaintiff resides at Bihar and is the owner of the premises No. 64/35A, Belgachia Road which comprises the suit premises and another flat. Each flat consists of two rooms, one lobby, one store room and one kitchen. The plaintiff's family consists of himself, his wife, three sons and two daughters; one of two daughters, is married. The plaintiff is in urgent need of the suit premises for himself and his family as his sons are required to reside at Calcutta to prosecute their further studies in colleges at Calcutta and as the plaintiff has no other suitable accommodation in Calcutta. The tenancy was determined with effect from the expiry of the month of May, 1974 by a combined notice under section 13(6) of the West Bengal Premises Tenancy Act (for short the said Act hereafter) and section 106 of the Transfer of Property Act.;