GOUTAM BANERJEE Vs. ANIL PAUL
LAWS(CAL)-2019-5-68
HIGH COURT OF CALCUTTA
Decided on May 24,2019

Goutam Banerjee Appellant
VERSUS
Anil Paul Respondents




JUDGEMENT

Bibek Chaudhuri, J. - (1.)The landlord plaintiff is the appellant before this court challenging the judgment and decree passed in Ejectment Appeal No.93 of 2011.
(2.)The appellant as plaintiff filed Ejectment Suit No.5 of 2004 in the 1st Court of the learned Civil Judge (Junior Division), Alipore, 24 Parganas South against the defendant/respondent on the ground of reasonable requirement for his own use and occupation. It is pleaded by the plaintiff/appellant that tenancy of the defendant/respondent was terminated with the expiry of September, 2003 by a valid notice dated 27th August, 2003 issued on behalf of the plaintiff by his learned Advocate. The said notice was duly served upon the defendant/respondent but he failed and neglected to quit, vacate and deliver up peaceful possession of the suit premises in terms of the notice which compelled the plaintiff to file the suit for eviction.
(3.)The defendant/respondent contested the suit by filing written statement wherein he denied the claim of the plaintiff for his eviction on the ground of reasonable requirement. He also challenged validity, legality and sufficiency of the notice dated 27th August, 2003 as well as the service thereof. According to the defendant, tenancy was not determined by the said notice and the plaintiff was not entitled to a decree for eviction on the basis of termination of tenancy by the said notice.


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