NANDALAL CHOWDHURY Vs. MONIKA BANERJEE

JUDGEMENT

(1.) THIS is an appeal by the defendant from an appellate decree and it arises out of a suit for ejectment.

(2.) THE defendant is a monthly tenant in a ground floor fiat comprising two bed rooms, dining room and other facilities in the northern portion of the rear block of Municipal Premises No. 24/c Jyotish Roy' road, P. S. Behala in the district of 24-Parganas, under the plaintiff at a- rent of Rs. 90|- per month payable according to English Calender. Both the courts below have found that the plaintiff has been the owner of the building in which the suit premises are situated on the basis of a registered deed of gift from her husband during all material period. The plaintiff's husband is the owner of the front block of the said municipal premises abutting on the public road. The plaintiff ana her brother have been carrying on a partnership business named Continental Scientific stores for supply of scientific materials in a mezzanine floor room of the plaintiffs husbands building occupying the same with the permission of the plaintiff's husband.

(3.) THE plaintiff has brought the suit for eviction of the defendant after service of a valid notice under Section of the West Bengal Premises Tenancy act (hereinafter called the Act) on several grounds some of which have been introduced by amendment of the plaint. Those grounds are, (i) that the plaintiff reasonably requires the suit premises for her own use and occupation for expansion of her business to employ her unemployed sons and manufacture scientific articles, (ii) that she reasonably requires the suit premises for building and re-building, (iii) that the defendant has done acts contrary to clauses (m), (o) and (p) of the Transfer of Property act, (iv) that the defendant has been causing nuisance and annoyance, and (v) that the defendant left the suit pre-ses with members of his family on 2. 11. 1977 after inducting one Sambhu naiift Banerji, an outsider as a sub-tenant and had sublet the suit premises and or transferred or assigned the same without the consent of the plaintiff,