ASHALATA DEY Vs. KAMAL KUMAR BOSE

JUDGEMENT

(1.) This is an application for amendment of the plaint filed in these two Letters Patent Appeals which arose out of a suit for eviction. The application has been heard on contest by the tenant-defendant who is appellant in one of these appeals and respondent in the other.

(2.) On April 30, 1965 the plaintiffs instituted the aforesaid suit seeking a decree for eviction on several grounds including the ground that they reasonably required the suit premises for their own occupation. At the time the suit was instituted Section 13(1)(f) of the West Bengal Premises Tenancy Act, 1956 in its material part provided: -

(3.) The suit was decreed on May 20,1967 by the trial court on two-fold grounds, viz. that the plaintiffs reasonably require the suit premises for their own use and occupation and that defendant who had shifted to his own house had wrongfully transferred the suit premises without the consent of the landlords. The defendant filed an appeal to this Court, being F. A. 848 of 1967.