S. C. MITTER Vs. M/S. AUTO SERVICE

JUDGEMENT

(1.) This appeal by the landlord from an appellate judgment and decree of affirmance is put in two ways : (1) erection, by the tenant, of a permanent structure on the demised premises, 4/1, Bhowanipure 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 re-building. Each such point, if established, entitles him to get a decree for recovery of possession 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 reason, able 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 Feb. 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 Feb. 3, 1959 when it was a sub-tenant is now concluded by the concurrent finding come to by both the courts of facts.