ASOKE GOPAL DUTTA Vs. NIRMAL KUMAR MITRA

JUDGEMENT

(1.) THIS application for revision is directed against the order dated 5th November, 1979 passed by Sri H. Manna, Rent Controller, Calcutta dismissing the petitioner's application under Section 29 (B) of the West Bengal Premises Tenancy Act.

(2.) THE opposite party occupied a part of the ground floor of the premises No. 9a Ballygunge Place, Calcutta, as a monthly tenant under the petitioner, his brother and mother, who served a notice dated 10. 1. 76 terminating the tenancy on the expiry of the month of February 1976. The petitioner is a central Government employee under the Council of Scientific and Industrial Research Department and has been residing at 59 Lake Road, allotted to him by the Government, but in terms of the existing Government order he has been asked to vacate the said Government quarter on the ground that he owns the suit premises at 9a Ballygunge Place and as such he requires the residential accommodation now in occupation of the opposite party to accommodate himself and his family consisting of his wife, a Professor of the Presidency College, Calcutta, a son having his education in the University and an unmarried sister-in-law, a science graduate who is dependent on him. The tenancy of opposite party comprises of two bed rooms, one dining -cum -kitchen, bath, privies etc,

(3.) THE application was opposed by the opposite party mainly on the ground that he does not require the suit premises for his own occupation and "that he is in possession of alternative reasonable suitable accommodation. The relation of landlord and tenant is also disputed.