Dasi & Ors Vs. Smt. Jyotsna Daw & Ors  Insc 1155 (19 November 2007)
& P.P. Naolekar
O R D
special leave petition was placed for consideration on 24.09.2007 on which day
we dismissed the same, but directed that reasons shall follow which are
respondents filed a suit in the City Civil Court, Calcutta, for eviction of the
defendants-petitioners from the suit premises on the grounds that the
defendants changed user of the suit premises from residential to commercial,
caused material deterioration in condition of the premises and made
construction on the open terrace in the second floor of the premises in
question without consent of the landlord.
defendants entered appearance and filed written statement contesting the claim
for ejectment on all the grounds.
trial, the parties adduced evidence in support of their respective cases and
upon conclusion of the same the trial court came to the conclusion that the
plaintiff failed to prove the ground of change of user, but succeeded in
proving the other two grounds and consequently passed a decree for eviction.
the order of eviction, the defendants preferred an appeal before the High Court
which though reversed the finding of the trial court on the question of
material deterioration in condition of the suit premises, but concurred with
that of the trial court that the defendants made construction on the open
terrace in the second floor of the premises in question without consent of the landlord
and accordingly, the appeal was dismissed, against which order the present
special leave petition was filed.
heard the parties and perused the records, we are of the opinion that the trial
Court as well as the High Court were quite justified in recording the finding,
that the defendants made construction on the open terrace in second floor of
the suit premises without consent of the landlord, after taking into
consideration the evidence adduced on behalf of the parties and no interference
by this Court is called for. Special leave petition is accordingly dismissed.
petitioners are granted time till 30th June, 2008 to vacate the premises in
question upon filing usual undertaking within six weeks from today in this