SAMARENDRA NATH SEN Vs. N P GHOSH

JUDGEMENT

(1.) The caveat having been lodged, the application under Article 227 of the Constitution of India was directed to be heard as a contested application as desired by the parties and accordingly it has been so heard.

(2.) By this application under Article 227 of the Constitution the order dated 25-2-85 passed by the learned Rent Controller, Calcutta, in R.C. Case No.6/79 of 1979 E.V.C. under section 29B of the West Bengal Premises Tenancy Act for eviction of the tenant petitioner from the tenanted premises has been challenged. The application has been treated as the application under Article 227 of the Constitution of India read with proviso to section 29B (9) of the West Bengal Premises Tenancy Act (hereinafter referred to as the Act) at the time of hearing.

(3.) The petitioner of this application was the tenant under all the opposite parties in respect of the first floor of the premises no.103B, Ekdalia Road, Calcutta-19, at a monthly rental of Rs. 325/- according to English Calendar. All the opposite party landlords served a notice under section 13(6) of the Act for eviction of the tenant from the tenanted premises on the ground of reasonable requirement for their use and occupation and as they had no other reasonably suitable accommodation as contemplated in section 13(1) (ff) of the Act. The opposite party no. 1 as one of the co-sharer landlords was serving as the Deputy Chief Engineer, Construction, of the Eastern Railway and was residing in the railway government flat at Alipore. The General Manager, Eastern Railway, asked the opposite party no. 1 to vacate the railway flat as he had his own house along with the other co-sharers. The opposite party no. 1 N.P. Ghosh filed the petition under section 29B of the Act for eviction of the tenant petitioner from the tenanted premises on the ground as mentioned above imp leading the other co-sharers landlords as the proforma opposite parties.