AMAL KUMAR SIL Vs. BANKU BEHARI DE CHOWDHURY

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India read with section 29B(9) of the West Bengal Premises Tenancy Act, 1956 challenging an order dated June 29, 1990 passed by the Rent Controller-cum-Sub Divisional Officer, Kalna in H.R. Case No. 8 of 1988.

(2.) The opposite party, Banku Behari De Chowdhury, filed a petition under section 29B of the West Bengal Premises Tenancy Act, 1956 for eviction of a premises tenant on the ground of reasonable requirement. It was contended in the said application that the said opposite party along with his elder brother and the unmarried sister, Shrimati Chabi De Chowdhury, were the joint owners of the tenanted premises and the defendant was a tenant in respect of the said premises at a monthly rental of Rs. 47/- (Rupees forty seven) only payable according to English calendar. It was contended that the said opposite party was a medical officer working with South Eastern Railway and he was posted at Kharagpur at the material point of time. His employer allotted him accommodation at Kharagpur, but he has been asked to vacate his quarter on October 1, 1989 when he was due to retire from service. The opposite party and the members of his family were not in possession of any reasonable suitable accommodation other than the house-in-question and he required the tenanted premises for his own use and occupation.

(3.) The house in question is situated at Dangapara Mahalla within ward No. 11 of Kalna Municipality.