JYOTL BHUSAN NAHA Vs. ARCHANA DATTA

JUDGEMENT

(1.) THIS is an application under Article 227 of the Constitution of India and it is directed against an order dated 12. 11. 1982 in case no. R. C. 66 of 1982 passed by the Rent Controller in the district of 24-Parganas by which the petitioner's application under section 29b of the West Bengal Premises Tenancy Act, 1956 for recovery of possession of premises no. 51, Sitala Tala Street, Belghoria occupied by the opposite party as a monthly tenant, has been dismissed.

(2.) THE controller has dismissed the petitioner's application under section 29b of the Act on two grounds, firefly, that the petitioner had already retired from Govern-ment service when he made the application and, secondly, because the petitioner is a part owner of the aforesaid premises occupied by the opposite party as monthly tenant.

(3.) THE learned Advocate appearing for the petitioner has contended that the Controller has committed an error of law by dismissing the petitioner's application under section 29b of the Act as both the grounds on which the Controller's decision is based, are not tenable in law. In this connection, reliance has been placed on the decision of a learned single Judge of this Court in the case of Parimal Das Gupta Vs. Deb kumar Sen Sarma 1980 (11) CHN 496 which has been affirmed by the Supreme court in the reported decision in Anupama sen Gupta Vs. Deb Kumar Sen Sarma, AIR 1982 SC 25.