TIRTHA NATH GHOSE Vs. ISWAR BAMLINGADEBA

JUDGEMENT

(1.) This Civil Revision case under Article 227 of the Constitution of India has arisen under the following circumstances:

(2.) Premises No. 53/2, Shalimar Road measures about three cottas and the tenant has built some structures on the land containing ten rooms. The landlord instituted the ejectment proceeding on grounds (i), (iv) and (v) of Section 3 of the Calcutta Thika Tenancy Act. These grounds respectively are (i) that the tenant was a defaulter, (ii) that the landlord required the land for building and developing and (iii) that the tenant had failed himself to use or occupy the holding for his own residential, manufacturing or business purposes for more than six consecutive months. The validity and bona fides of these grounds were challenged by the tenant but his objections were over-ruled both by the Controller and the Appellate Court. So the tenant has come up to this Court invoking the High Court's power of superintendence under Article 227 of the Constitution.

(3.) Before dealing with that part of the case which rests on a consideration of some of the provisions of the Calcutta Thika Tenancy Act, I must dispose of some of the general objections raised by Mr. Bagchi on behalf of the Tenant-Petitioner, which relate to the status of the tenant and to the validity of the notice of ejectment served upon him.