T K GHOSH Vs. ANIL KRISHNA GHOSH

JUDGEMENT

(1.) This revision raises an interesting question of law. It arises out of proceedings for summary eviction of a tenant under S.29B of the West Bengal Premises Tenancy Act. 1956. The petitioner was a Lieutenant Colonel in the Army. He made an application under S.29B of the Act on 1-5-83 stating that he was due to retire within one year and that he required the premises in dispute for his own occupation as well as the occupation of his family. The requisite certificate to that effect granted by the relevant Army authorities was filed along with the application The tenant opposite party desired to contest the application. The Rent Controller after hearing the parties granted him leave to do so. The tenant in his written statement submitted, inter alia, that the premises were not fit for residential purposes. The Rent Controller, by the impugned judgment, dismissed the application filed by the petitioner. He held that the premises in dispute were let out for commercial purposes. They were used for running a factory. They were unfit for being used for residential purposes. The landlord petitioner has challenged this finding in this revision.

(2.) Learned counsel for the petitioner submitted that the Rent Controller fell into an error in construing the provisions of S.29B to require that the premises in dispute should be it for use as residential accommodation.

(3.) Learned counsel for the respondent tenant supported the finding of the Rent Controller. In order to appreciate the rival contentions it is necessary to read the relevant parts of S.29B.