SUDHAMYEE BISWAS Vs. JYOTSNA DAS

JUDGEMENT

(1.) This second appeal is against the judgment and decree dated 28th February, 2007 passed by the learned Additional District Judge, 3rd Court at Alipore, District-South 24 Parganas in Title Appeal No. 110 of 2006 affirming the judgment and decree of eviction dated 21st February, 2006 passed by the learned Civil Judge (Junior Division), 4th Court at Alipore, District-South 24 Parganas in Title Suit No. 31 of 2005. Facts are that the plaintiff, that is the respondent in the appeal, filed the title suit on the ground of reasonable requirement as the accommodation available to her was not sufficient and she had no other reasonable suitable accommodation elsewhere. As the defendant, that is the appellant herein, being the tenant, did not vacate the suit premises even after getting the ejectment notice dated 14th August, 1990, the said suit was filed.

(2.) The defendant contested the suit by filing written statement denying the material allegations contained in the plaint and contended, inter alia, that it was collusive and the suit was not maintainable and liable to be dismissed.

(3.) Learned Trial Court framed nine issues. After contested hearing the learned Trial Court passed a decree holding that the plaintiff reasonably required seven rooms besides kitchen and bath/privy for own use and occupation for herself and for her family members.