BIBHUTI BHUSAN DE Vs. KSHETTRA GOPAL DATTA

JUDGEMENT

(1.) This is a suit for ejectment. The Plaintiff is the owner of premises No. 40, Baghbazar Street, Calcutta. The Defendant held a portion of premises No. 40, Baghbazar Street consisting of 5 bed-rooms, on the first floor and one kitchen on the ground floor of the premises as a monthly tenant at a rent of Rs. 37 per month. The Plaintiff served a notice to quit, dated January 31, 1949, on the Defendant calling upon the Defendant to vacate the portion in his occupation at the expiry of the month of February, 1949. The Defendant did not vacate the premises and is still in occupation of the same. The Plaintiff has set out in the plaint alternative grounds on which he relied for obtaining decree for possession against the Defendant, who claims the benefit of West Bengal Premises Rent Control Act, 1948, but at the hearing the learned Counsel for the Plaintiff stated that he relied only on the ground that his client bona fide requires the premises in suit for his own occupation.

(2.) Accordingly the only issue raised in this case is--

(3.) In the plaint as originally filed the words "bona fide" was not there and on objection being raised by the learned Counsel for the Defendant as to this defect in the pleading the learned Counsel for the Plaintiff asked for amendment of the plaint by inserting the words "bona fide" before the word "require" in paragraph 2 of the plaint.