SURAYA PROPERTIES PRIVATE LTD Vs. BIMALENDU NATH SARKAR

JUDGEMENT

(1.) This appeal arises out of a suit for ejectment instituted in the Court of Small Causes at Calcutta after a notice to quit under Section 106 of the Transfer of Property Act and also alter a notice of suit under Section 13 (6) of the West Bengal Premises Tenancy Act on the ground that the tenant was not entitled to any protection under Section 13 of the West Bengal Premises Tenancy Act of 1956 as the tenant had done an act contrary to the provisions of Clause (p) of Section 108 of the Transfer of Property Act of 1882.

(2.) The act contrary to the provisions of Clause (p) is the building of a kitchen on the roof of the house with 3" wall of brick and mortar together with a roof of corrugated iron sheets. When the appeal came up for hearing before another Division Bench of this Court, the matter was referred to a Special Bench under proviso (ii), Rule I, Chapter II of the Appellate Side Rules. The relevant portion of the two of the points referred to were as follows:--

(3.) Their Lordships were not inclined to answer the question No. (i) positively. Their Lordships laid down that the question is to be decided with regard to the facts and circumstances of each case. The second point was answered in the following manner:--