GUIRAM PAL Vs. SMT. SNEHALATA DEY AND ANOTHER

JUDGEMENT

(1.) This is an appeal by the tenant-defendant in a suit brought for eviction under the West Bengal Premises Tenancy Act, 1956 (for short as Act) on grounds of default, subletting and reasonable requirement for own use and occupation as well as for building and re-building.

(2.) The appeal is directed against the judgment and decree dated 29.8.83 and 2.9.83, respectively, passed by Additional District Judge, Second Court, Bankura, affirming that of the trial court viz. Additional Sub-ordinate Judge, Bankura.

(3.) The case of the plaintiffs in brief was that they purchased the suit premises described in plaint schedule on 17.3.67, when the defendant was in possession of the same as a tenant, at a monthly rental of Rs. 150'- payable according to Bengali Calendar month. After purchase the defendant acknowledged the plaintiffs as landlords and went on paying rent till Magh, 1374 B. S. ; but made default in payment thereafter since Falgoon, 1374 B. S. It was alleged that the defendant inducted several persons as sub-tenants in the suit premises without prior consent in writing of the landlord. The plaintiffs wanted to start a business of their own in the suit premises after purchase by raising structures thereon for which they determined the tenancy of the defendant serving notice upon him. As the defendant-appellant failed to comply with the same, they were compelled to file the suit on 2.1.71 in the 1st Court of Munsif, Bankura which was transferred ultimately to the court of Additional Sub-ordinate Judge, Bankura.