NISHIKANTA ROY Vs. MONMOHON SEN GUPTA

JUDGEMENT

(1.) This appeal is at the instance of the plaintiff and it arises out of a suit for eviction of the defendant from the suit premises on the ground of reasonable requirement of the plaintiff of the same.

(2.) The case of the plaintiff is that the plaintiff had been a tenant of the first degree in respect of two flats, each flat consisting of two bed rooms. In terms of a decree for eviction passed against the plaintiff on May 30, 1966, the plaintiff was to vacate one flat and to deliver possession thereof to his landlord. Out of said two bed rooms in the remaining flat, the defendant had been a tenant of the plaintiff in respect of one bed room. The plaintiff's family consists of himself, his wife, one son, three unmarried daughters and a maid servant. It is alleged that the plaintiff reasonably requires the suit premises, namely, the said bed room in the occupation of the defendant. The plaintiff determined the tenancy of the defendant by the service of a notice to quit, but the defendant not having vacated the same, the plaintiff instituted the present suit. The defendant contested the suit and denied the plaintiff's requirement of the suit premises.

(3.) The learned Munsif came to the finding that the plaintiff reasonably required the suit premises. In spite of the said finding, the learned Munsif could not decree the suit in favour of the plaintiff on the ground that the plaintiff was not the owner of the suit premises and as such the suit was not maintainable at the instance of the plaintiff for his personal requirement in view of Section 13 (1) (f) of the West Bengal Premises Tenancy Act, 1956. The suit was accordingly dismissed by the learned Munsif.