(1.) This appeal under clause 15 of the Letters Patent is directed against a judgment and decree dated March 5, 1973, passed by a learned single judge of this court in a second appeal setting aside a concurrent decree for eviction passed by the two courts below. The appeal arises out of a suit for eviction of tenants whose tenancy is admittedly governed by the provisions of the West Bengal Premises Tenancy Act, 1956.
(2.) The plaintiff appellant herein (hereinafter referred to as the plaintiff) had admittedly inducted one Bhagat Ram Pasricha (since, deceased), predecessor-in-interest of the present defendant-respondents (hereinafter referred to as the defendants) as a tenant in a part of premises No. 221/1, Rash Behari Avenue, Calcutta (hereinafter referred to as the suit premises). Though the plaintiff alone thus became the landlord, he happens to be only a co-sharer owner of the suit premises, being one of the heirs of late Motilal Sen, to whom the property belonged The plaintiff instituted the suit for eviction of the defendants from the suit premises on two-fold grounds of default and reasonable requirement thereof for his own occupation including therein the occupation of the members of the family consisting of the other heirs and legal representatives of Motilal, namely, his mother and his brother.
(3.) The suit was contested by the tenant-defendants on various defences.