Bhaskar Bhattacharya, J. - (1.) This appeal is at the instance of a tenant/defendant and is directed against judgment and decree dated 1996 passed by the learned Judge, 11th Bench, City Civil Court, Calcutta in Ejectment Suit No. 163 of 1989 thereby passing a decree for eviction on the sole ground of default in payment of rent.
(2.) The respondents herein as heirs and legal representatives of one Madan Mohan Karmakar filed the aforesaid Ejectment Suit No. 163 of 1989 against the appellant on the ground of default in payment of rent from July 1973 and also on the ground of reasonable requirement.
(3.) The case made out by the respondents was, intra alia, as follows : The suit property originally belonged to one Pran Dhan Karmakar, who by a registered deed of settlement dated October 8, 1964 created a trust in respect of the suit property and appointed himself as the sole trustee. By the said Deed of Trust, the said Pran Dhan Karmakar declared that upon his death, the trust created by him would come to an end and the trust property would devolve upon his daughter's eldest son viz. Madan Mohan Karmakar. The said Pran Dhan died on October 23, 1965 and upon his death Madan Mohan became the absolute owner of the premises and such state of affairs was confirmed by this court by the judgment and decree dated January 9, 1976 delivered in Title Suit no. 1116 of 1968 initiated by the mother of Madan Mohan against him. One Ganga Shankar Chatterjee was in occupation of the suit property as tenant who vacated the same on June 30, 1973 putting the defendant in possession thereof. Madan after becoming absolute owner by virtue of the decree passed by the High Court filed a suit against the defendants in the City Civil Court at Calcutta being Title Suit No. 1629 of 1979 for declaration that the defendant was a trespasser. The said suit was however dismissed by the judgment and decree dated August 14, 1981 with a finding that the defendant was a tenant at a monthly rent of Rs. 100/- according to English Calendar under Madan Mohan Karmakar. Madan Mohan died intestate on March 6, 1987 leaving the plaintiffs as his sole heirs and legal representatives and thus defendant became a monthly tenant under the plaintiffs in respect of the suit premises. By a notice to quit dated August 17, 1988 issued on behalf of the plaintiffs by their advocate, the defendant was called upon to quit and deliver suit premises with the expiry of September, 1988 but the same came back with the postal endorsement "not claimed". Defendant was thus a defaulter in payment of rent from July 1973 having made no payment either to the plaintiffs or their predecessor. The plaintiffs also reasonably required the suit premises for their own use and occupation.;