SHRIMATI GITA MAJUMDAR Vs. AJOY KUMAR GHOSH
LAWS(CAL)-2011-12-84
HIGH COURT OF CALCUTTA
Decided on December 13,2011

SHRIMATI GITA MAJUMDAR Appellant
VERSUS
AJOY KUMAR GHOSH Respondents


Referred Judgements :-

ANUPAMA SEN GUPTA VS. DEB KUMAR SEN SARMA [REFERRED TO]


JUDGEMENT

- (1.)Although, the matter is appearing under the heading 'for orders', by consent of Mr. Hiranmay Bhattacharya, learned advocate appearing for the appellant, and Mr. Bidyut Kumar Banerjee, learned senior advocate appearing for the plaintiffrespondent no. 1, I take up this matter for hearing for final disposal.
(2.)This appeal arises out of a suit for eviction, inter alia, on the grounds for default and reasonable requirement. Both the courts below, concurrently, found that the plaintiff reasonably required the suit premises for his own use and occupation and for use and occupation by the members of his family.
(3.)Principally, the appeal was argued before the lower appellate court as also before this Court on the ground that the suit was not maintainable due to defect in the notice to suit.


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