INDIAN INSTITUTE OF MANAGEMENT Vs. J. MAJUMDAR

JUDGEMENT

(1.) The Respondents in this Second Appeal instituted as Plaintiffs an ejectment suit under the West Bengal Premises Tenancy Act against the Appellant, the Indian Institute of Management, for its eviction from a flat being part of the first floor of premises No. P/19, Gariahat Road in Calcutta.

(2.) The Appellant defendant , the Indian Institute of Management, is a Society registered under the West Bengal Societies Registration Act, 1961. This Society admittedly was monthly tenant under the Plaintiffs in respect of the flat in suit. The Plaintiffs claimed to be the owners of the suit premises and pleaded that they required the suit premises for their own use and occupation. There was further ground, namely, that before the institution of the suit the Plaintiff No. 1 who was in service and was living elsewhere has intimated the Society that on his retirement from service he would require the demised flat and requested the Society to vacate the same. Correspondences were exchanged by and between the parties and ultimately the Society agreed to vacate the flat on the retirement of the Plaintiff No. 1, and for the purpose requested the Plaintiff to give to the Society notice of his retirement at least six months ahead of the retirement. Thereafter on December 1, 1982, the Plaintiff No. 1 gave the Society notice by a letter that he would retire on the expiry of June 1983 and renewed the request for vacating the flat. The Plaintiff retired in or about June 1983. But the Society did not vacate the flat in terms of the promise given by it. Meanwhile the Plaintiff No. 1 had to shift to the suit house under compelling circumstances. Ultimately the Plaintiffs issued upon the Society a formal notice under Sec. 13(6) of the West Bengal Premise Tenancy Act and instituted the ejectment suit. The Plaintiffs claimed decree for eviction on the ground of their reasonable requirement of the demised premises for their own use and occupation and also on the ground under Sec. 13(1)(k) of the West Bengal Premises Tenancy Act founded upon the assurance given by the Society to vacate the flat on the retirement of Plaintiff No. 1 from service.

(3.) The suit was first instituted in the Court of the Munsif at Alipore. The Society contested the suit challenging the maintainability of the suit against the Society in its registered name, the alleged reasonable requirement of the suit flat for the use of the Plaintiffs and also the ground under Sec. 13(1)(k) of the Premises Tenancy Act. The alleged ownership of the Plaintiffs in respect of the suit property was also challenged.