KALIBANDHU BHATTACHARYYA Vs. GOURI SANKAR AGARWAL

JUDGEMENT

(1.) THIS appeal by the plaintiff in a suit for eviction arises from the judgment and decree dated 24th August, 1994 passed by Sri R. N. Kali, Judge, 3rd Bench, City Civil Court at Calcutta, dismissing the suit for eviction filed by the plaintiff/appellant. The trial Court held that the plaintiff/appellant was not entitled to evict the tenant/respondent on the ground of reasonable requirement specified under section 13(1)(ff) of the West Bengal Premises Tenancy Act, 1956 ('the Act'), although the plaintiff/appellant was the owner of the suit premises.

(2.) THE questions that arise for our decision in the present appeal are whether the plaintiff/appellant reasonably requires the suit premises for his own use and occupation and for the members of his family and whether the accommodation of the plaintiff in a tenanted premises can be said to be a reasonabley suitable accommodation. The dispute of ownership concerns a flat being Flat No. 3-F on the 3rd Floor of Apsara Building which is situated at 67, Park Street Police Station, Park Street, Calcutta-16 (In short 'the suit flat'). According to the plaintiff/Appellant, he is the owner/allottee of the aforesaid flat by purchase. The appellant, after purchase of the suit premises, inducted the respondent into the flat at a rental of Rs. 1,300/- per month. In the month of February, 1992 a notice of termination of the tenancy was issued by the appellant to the respondent calling upon him to vacate the suit premises not later than March, 1992. Since the respondent did not vacate the suit premises, the aforesaid suit for eviction was instituted by the appellant on the ground of default of rent as specified under section 13(1)(i) of the Act and also on the ground of reasonable requirement as provided under section 13(1)(ff) of the Act. The trial Court however, found that no decree could be passed by it on the ground of default as the respondent was entitled to be protected from eviction under section 17(4) of the Act. The trial Court further found that the plaintiff was not entitled to a decree under section 13(1)(ff) of the Act, although he was the owner of the suit premises. Before taking up questions as indicated hereinabove for consideration, we may, at this stage, consider an argument of Mr. Mukherjee, appearing for the tenant/respondent on the question of ownership of the suit premises.

(3.) FROM the above observation of the Supreme Court which was made in connection with the word 'ownership' as specified in section 13(1)(ff) of the Act, we have no hesitation in our mind that the plaintiff is the owner/allottee of the suit flat. Exhibit Rs.7' which is a letter from the Secretary of the Co-operative Housing Society of which the suit flat is a part, clearly mentions that the plaintiff is the owner/allottee member of the suit flat. Therefore, this certificate can be treated as conclusive evidence of his title or interest in the suit premises at least against the tenant/respondent. Exhibit 'E' which was filed by the tenant/respondent himself also indicates that the name of the plaintiff/appellant has been shown as allottee member in respect of the suit flat. It is not disputed by the tenant/respondent either in his written statement or in the evidence that the plaintiff/respondent is not the landlord of the tenant/respondent or that he has no right to enjoy the rental income that is derived from the suit flat. The D.W. 1 Sanwar Agarwal who is the son of the tenant/respondent and who only deposed for the tenant/respondent has clearly admitted that the plaintiff/appellant is their landlord and has been enjoying the rent of the suit flat from the tenant/respondent. Relying on the observations made in the aforesaid decision of the Supreme Court as quoted hereinabove, and in view of our findings made hereinabove, we are convinced that the plaintiff/appellant is the owner/allottee and landlord of the suit flat. In view of the above, we reject the contention of Mr. Mukherjee that the plaintiff/appellant is not the owner/allottee of the suit flat.