M/S. NATHMAL RADHAKISHAN Vs. RADHARANI NANDI

JUDGEMENT

(1.) THIS is a second appeal by the unsuccessful defendant in a suit for eviction on the ground of reasonable requirement of the suit premises by the plaintiff landlords.

(2.) THE premises in suit, situated in Barabazar, Ranisgunj originally belonged to one Dhirendra Nandi who had two sons Kanai and Rattan by his first wife and son Radhanath by his second wife. The second wife and Kanai pre-deceased Dhirendra upon whose death in Aswin, 1361 B.S. the suit premises was inherited by Rattan, Jaladbarani widow of Kanai and her three sons, each branch having a moiety share. Radhanath became instance during his boyhood and did not therefore, inherit the property. Thereafter Ratan, Jaladbarani and her three sons started realising rent from the defendant. In August, 1966, Ratan purchased the interest of Jaladbarani and her three sons in the suit premises and became the sole landlord of the defendant.

(3.) THE defendant, while contesting the suit, challenged the validity of the notice to quit and also denied all the material averments in the plaint. The suit was decreed by the trial Court but on appeal by the defendant the appellate Court, while upholding the validity of the notice, set aside the judgment and the decree of the trial Court and remitted back the suit for retrial after taking additional evidence as to whether the plaintiff was in possession of any reasonably suitable accommodation as contemplated by Section 13(1)(ff) of the West Bengal Premises Tenancy Act (hereinafter referred to as the Act) which, in the meantime, was enacted with retrospective effect by the West Bengal Premises Tenancy (Second Amendment) Act, 1969.