This 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 recorded hereunder.
The 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.
The defendants entered appearance
and filed written statement contesting the claim for ejectment on all
the grounds. During 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.
Against 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.
Having 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
The 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 Court.
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