Bhaskar Bhattacharya, J. - (1.) This second appeal is at the instance of a tenant/defendant in a suit for eviction, inter alia, on the grounds of reasonable requirement and of building and re-building and is directed against the judgment and decree dated January 30, 1992 passed by the learned Assistant District Judge, Tamluk in O. Appeal No. 108 of 1990 thereby modifying those dated October 31, 1990 passed by the learned Munsif, 1st Court, Tamluk in Original Suit No. 177 of 1985.
(2.) The respondents along with one Chandi Charan Manna, since deceased, filed the aforesaid suit being Original Suit No. 177 of 1985 for eviction of the appellant on the ground of reasonable requirement and also on the ground of building and re-building. The case made out by the plaintiffs was as follows : (a) The plaintiffs were owners of the suit property wherein the appellant was a tenant and was running a business in the name of 'Sri Durga Bastralaya'. (b) The plaintiff Nos. 4, 5 and 6 were unemployed and it was not possible for them to make their both ends meet from the rental. income of the suit property. The aforesaid plaintiffs wanted to start a business from the disputed property and as such they required the same for the purpose of starting a business. (c) The plaintiff No. 6 was aged 15 years at the time of filing of the suit but he having failed in Class-V for consecutive 3 years, the other plaintiffs had put him into a business of 'Pan and Bidi' at a godown constructed on a land not owned by the plaintiffs. (d) Since the suit property was in dilapidated condition, the same required building and rebuilding. The plaintiffs wanted to demolish the entire building and construct a three storeyed building so that by re-building the property they can augment their income.
(3.) The aforesaid suit was contested by the appellant by filing written statement thereby denying the material allegations made in the plaint and the defence of the appellant was that the plaintiffs did not require the suit premises for their own use and occupation nor did they require it for the purpose of building and re-building.;