SUNIL KUMAR GHOSE Vs. SMT. SUNITA ROJA AND ORS. BEING LEGAL HEIRS AND REPRESENTATIVES OF AMAR CHAND @ CHANDAN ROJA

JUDGEMENT

(1.) This Second Appeal is directed against judgment and decree dated 22.04.2002 passed by learned Judge Sixth Bench, City Civil Court at Calcutta in Title Appeal No. 46 of 2001. By the impugned judgment, the judgment and decree of Ejectment dated 28.02.2001 passed by learned Judge Presidency Small Causes Court at Calcutta in Ejectment Suit No. 39 of 2000 was set aside.

(2.) Being aggrieved with the aforesaid judgment and decree passed by learned Lower Appellate Court this Second Appeal has been preferred.

(3.) The present Appellant /Plaintiff filed said suit alleging that he purchased the suit house including the suit property by a registered deed of conveyance dated 23rd February, 1996 and that one Kanailal Roja, husband of Defendant No. 1 and father of Defendant No. 2, was a monthly tenant in respect of the suit premises and that after his death both the Defendants became tenants in respect of the suit premises. The Defendants defaulted in payment of rent, caused nuisance and annoyance and sublet the suit premises and parted with possession thereof with one Asoke Roja and his family members without the knowledge and written consent of the landlord. The suit premises was also reasonably required by the landlord for his own use and occupation. Accordingly, the suit for ejectment was filed against both the Defendants after terminating their tenancy through a notice to quit.