JYOTSNA RANJAN CHAKRABARTI Vs. N K MITRA

JUDGEMENT

(1.) This revisional application at the instance of the tenant is directed against an order of eviction passed by the Additional Rent Controller, Barrackpur in case No. R. C. 45 of 1981 under Section 29B of the West Bengal Premises Tenancy Act.

(2.) The petitioner's case in brief is as follows : The petitioner was inducted as a tenant in the western hali portion of the ground floor of premises No. 292B. Bangur Avenue, Dum Dum by the then owner Smt. Probhabati Mitra at a monthly rental of Rs. 150/- payable according to English Calendar.

(3.) In November, 1979, the petitioner was informed by Smt. Probhabati Mitra that she had gifted the entire ground floor of the said premises to her son Sri N. K. Mitra (Opposite party No. 1). Since then the opposite party No. 1 started collecting rent from the petitioner. In or about the month of February, 1980 the petitioner received a notice to quit dated February 15, 1980 under Section 106 of the Transfer of Property Act read with Section 13 (6) of the West Bengal Premises Tenancy Act. It was stated in the notice that the opposite party No. 1 was a retired military officer, that he required the premises for his own use and occupation and the petitioner was asked to vacate the suit premises with the expiry of the month of April 1980. Thereafter the opposite party No. 1' filed an application under Section 29B of the West Bengal Premises Tenancy Act for eviction of the petitioner which was registered as R. C. Case No. 45 of 1981. In the said application the opposite party No. 1 made out a case of reasonable requirement for own use and occupation. The application was accompanied by a certificate issued by the Lt. Col. Randhir Singh as required under Section 29B (2) of the Act. The petitioner filed an opposition to the application and eventually the learned Additional Rent Controller by his judgment dated 24-2- 1982 passed an order for eviction of the petitioner from the suit premises.