UMA DUTTA Vs. S.F. MAZDA

JUDGEMENT

(1.) This appeal is by the tenant challenging the judgment of affirmance passed in a suit filed by the landlord for eviction whereby both the courts concurrently found that the tenant was liable to be ejected on the ground of Sec. 108(P) of the Transfer of Property Act which is a ground for eviction under Sec. 13(1)(b) of the West Bengal Premises Tenancy Act, 1956 (in short 'the Act').

(2.) The case of the Plaintiff in the plaint may be summarised:

(3.) The landlord/Respondent in good faith had agreed to the said proposal and it was intimated that such construction shall be done at the cost of the tenant and without damaging the main building in any way. The Plaintiff/Respondent further alleged that instead of doing according to the proposal of the landlord, the tenant erected a room on the southern terrace of the suit flat without getting permission of the landlord. In view of such illegal action taken by the tenant, a notice to quit was served by the landlord on the tenant/ Appellant in which the tenant was directed to be evicted from the said premises as he had made a permanent structure within the meaning of Sec. 108(p) of the Transfer of Property Act. Therefore, on the allegations as stated above, the suit was filed for eviction of the tenant/ Appellant on the ground of violation of Sec. 108(p) of the Transfer of Property Act.