MANINDRA NATH DE Vs. MAN SINGH

JUDGEMENT

(1.) THIS is a suit by a landlord against a tenant for a decree for possession of a flat let out to the tenant, on the ground that the flat is bona fide required by the landlord for purposes of rebuilding. The landlord claims that he is entitled to the decree under proviso (f) to Section 11 (l), West Bengal Premises Rent Control Act (1948).

(2.) THE house in which the flat is situate was built in 1940 and has at present three storeys, in each of which there are two flats. The defendant is the tenant of the front flat on the second floor. The house has two staircases, the back one of which is meant for the use of the tenants and goes up to the second floor. The front staircase only goes from the ground floor front flat to the first floor front flat both of which flats are used by the landlord. The space in the second floor over this staircase is in the defendant's flat and is used by him as his kitchen. The house also has provision for fitting up a lift and the space meant for the lift shaft is now used on each floor as an ante -room or entrance to a flat. The entrance to the defendant's flat is through one of these rooms.

(3.) IN 1948, a few months before his retirement, the plaintiff conceived the idea of adding two new storeys to the building and taking up the front staircase to the top floor that he intended to put up and also installing a lift. On 16 -8 -1948, he got the necessary plan sanctioned by the Corporation of Calcutta. Soon after that the plaintiff intimated to the defendant that he would have to vacate as his flat would be required for the purpose of the additions to the building that the plaintiff proposed to make. The defendant was not willing to leave and, of course, it was not easy for him to leave forthwith.