NIRMAL KUMAR SAHA Vs. SMT. DRAWAPATI DEVI SARAOGI

JUDGEMENT

(1.) The suit was instituted by the plaintiff before the Court of first instance practically on two grounds one is on the ground of Sec. 13(l)(b) of the West Bengal Premises Tenancy Act, which relates to Clauses (m),(o) and (p) of the Transfer of Property Act and the other ground is committing nuisance or annoyance by the tenant in terms of Sec. 13(l)(e) of the said Act.

(2.) So far the first Court is concerned, the same had passed a decree in favour of the appellant herein on the ground of Clauses (m), (o) and (p) of Sec. 108 of the Transfer of Property Act. But, relief had been granted in respect of the nuisance and annoyance. The finding of the Court of first instance in this regard is as follows:-

(3.) So far the First Appellate Court is concerned, the finding of the Court of first instance in respect of (m), (o) and (p) and Sec. 108 of the Transfer of Property Act was disbelieved, and accordingly, the decree was set aside the that extent. However, the first Appellate Court concurrently held in respect of the specific case of the plaintiff as regards which and starter of the pump machine as follows :