RINA GHOSH Vs. MAKHAN LAL GHOSH

JUDGEMENT

(1.) The plaintiff landlady is the appellant in this case. This appeal has been preferred against judgment and decree dated 21st January, 1998 passed by learned Additional District Judge, First Court at Alipore in Title Appeal No. 102 of 1997 reversing the judgment and decree of eviction dated 31st March, 1997 passed by learned Munsif, Second Court at Alipore in Title Suit No. 522 of 1990.

(2.) The appellant filed said suit for eviction against the respondent tenant on the ground of default and reasonable requirement of the suit premises, after service of statutory notice to quit. It was specific case of the appellant landlady that her family consisted of herself and her husband, her aged parents-in-law, her two school going children, brother-in-law Asoke Ghosh and unmarried sister-in-law Ruby Ghosh It is further case that as her accommodation in the suit house comprising of only four rooms inclusive of one kitchen was grossly inadequate her husband had to take two rooms in a nearby house at 64 Garcha Road on rent and that landlady of said rented house already asked her husband to vacate the same. It was further case that she had no other reasonable suitable accommodation elsewhere and accordingly she prayed for eviction of the respondent tenant.

(3.) The respondent filed written statement followed by additional written statement denying material allegations of the plaint and contending inter alia that plaintiff's parents-in-law reside with their second son Tapan Ghosh and brother-inlaw Asoke Ghosh was not also residing with the family of the plaintiff and that present accommodation of the plaintiff was sufficient and that the suit was liable to be dismissed.