SUSHIL CHANDRA ROY CHOWDHURY Vs. SAMBHU NATH SAHA

JUDGEMENT

(1.) This application arises out of a proceeding under Sec. 17E of the West Bengal Premises Tenancy Act, 1956. The learned Judge, Tenth Bench, City Civil Court, Calcutta, has allowed an application under Sec. 17E of the West Bengal Premises Tenancy Act made by the present Petitioner and has set aside the decree for recovery of possession passed against him in Ejectment Suit No. 209 of 1967 brought by the landlord opposite party. But he has declined to dismiss the said ejectment suit.

(2.) The Petitioner was a monthly tenant in respect of the suit premises at a rent of Rs. 46. -75 per month according to the English Calendar. Previously one Becharam Das was the owner and the landlord of the said premises. On December 2,1966, Becharam Das sold his interest in the suit premises in favour of the opposite party Sambhu Nath Saha, On February 4, 1967, Sambhu Nath Saha instituted the aforesaid Ejectment Suit No. 209 of 1967 against the present Petitioner in the City Civil Court at Calcutta for eviction from the suit premises on the ground that he reasonably required the suit premises for his own use and occupation in terms of Clause (f) of Sub -section (1) of Sec. 13 of the West Bengal Premises Tenancy Act, 1956 (as the said provision stood at the relevant time). On November 20,1968, the trial Court decreed the said suit in favour of the Plaintiff landlord under Sec. 13(1)(f) of the West Bengal Premises Tenancy Act. On January 2,1969, the present Petitioner preferred an appeal from the Original Decree No. 267 of 1969 against the said ejectment decree. The said appeal is still pending in this Court.

(3.) On November 14,1969, the West Bengal Premises Tenancy (Second Amendment) Act, 1969 (XXXIV of 1969), came into force. By the said Amending Act the original Clauses (f) and (ff) were substituted in place of the said clause. The said West Bengal Premises Tenancy (Second Amendment) Act, 1969, also inserted Sub -section (3A) in Sec. 13 of the said Act. On March; 6,1970, the West Bengal Premises Tenancy (Amendment) Act (XVIII of 1970) came into force. Sec. 17E was inserted in the West Bengal Premises Tenancy Act by the said Amending, Act of 1970.