S C MITTER Vs. MESSRS AUTO SERVICE

JUDGEMENT

(1.) THIS appeal by the landlord from an appellate judgment and decree of affirmance is put in two ways: (i) erection by the tenant, of a permanent structure on the demised premises, 4/1, bhowanipore Road, (for short, "4/1" hereafter), without the landlord's consent, infracting thereby clause (p), section 108, of the Transfer of Property act, 4 of 1882, and (ii) reasonable requirement by him of "4/1" for building and rebuilding. Each such point, if established, entitles him to get a decree for recovery of possession of of "4 (1": for infraction of clause (p), section 108, transfer of Property Act, under clause (b), sub-section 1, section 13, Premises tenancy Act, 12 of 1956, and for reasonable requirement, under clause (f) ibid.

(2.) THE tenant, now the respondent, is Messrs. Auto Service, a firm. Originally a subtenant under Messrs. Ganeshdas ramgopal, it became a tenant directly under the landlord with effect from February 3, 1959, by virtue of an order of the Rent Controller.

(3.) ERECTION, by the respondent, of a permanent structure on "4 (1", without the landlord's consent, before February 3, 1959, when it was a sub-tenant, is now concluded by the concurrent finding come to by both the courts of facts.