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CASE NO.: Special Leave Petition (civil)  7251 of 2005

PETITIONER: Puspa Mayee Dasi & Ors

RESPONDENT: Smt. Jyotsna Daw & Ors

DATE OF JUDGMENT: 19/11/2007

BENCH: B.N.AGRAWAL & P.P. NAOLEKAR

JUDGMENT: JUDGMENT

O R D E R

       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 accordingly dismissed.          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.