ASHALATA DEY Vs. KAMAL KUMAR BOSE

JUDGEMENT

(1.) We having allowed an application for amendment of the plaint in the light of the amendment to Section 13 (1) (f) of the West Bengal Premises Tenancy Act by our order dated February 6, 1980, giving an opportunity to the defendant to file an additional written statement, such a written statement has been filed on February 20, 1980. We accept the additional written statement so filed and we frame an additional issue on the amendment so allowed in the following terms :-- Is the plaintiff in possession of any reasonably suitable alternative accommodation?

(2.) On the additional issues so framed it would be necessary to take additional evidence and as such, we refer the said additional issue to the trial court for recording the necessary finding thereon on taking additional evidence within a month from the date the trial court receives the records from this Court.

(3.) Let the records along with a copy of this order be forwarded to the trial court by a special messenger without any delay at the cost of the plaintiff-appellant. In forwarding the records to the trial court the office of this Court is directed to forward a copy of the application for amendment of plaint filed in these appeals and a copy of the additional written statement also filed in this Court. The trial court is directed to return the records with the evidence recorded by the said court along with its findings thereon.