KARTIK CHANDRA JANA Vs. REKHA DAS

JUDGEMENT

(1.) This is an appeal by the tenant-defendant (hereinafter called the defendant) against a decree of eviction passed in Ejectment Suit No. 1302 of 1968 of the City Civil Court, Calcutta.

(2.) The suit relates to one room and a cooking space in premises No. 162/1. Bipin Behari Ganguli Street. The defendant is living there as a tenant under the plaintiff at a rental of Rs. 18/- per month payable according to Bengali calender. There is no dispute with regard to relationship of landlord and tenant between the parties. There is also no dispute with regard to the month of tenancy or the rate of rent.

(3.) The case of the plaintiff-respondent (hereinafter called plaintiff) in the suit was briefly this :- Plaintiffs are the owners of the suit premises. The plaintiffs formerly used to reside in a portion of the premises while the husband of plaintiff No. 1 was alive. After his death in January 1967 she moved to her father's place for temporary shelter. The plaintiffs are finding it increasingly inconvenient to continue to live at her father's residence. They require the suit premises for their own use and occupation. The tenancy of the defendant has been determined by the service of a notice to quit under Section 106 of the Transfer of Property Act along with Section 13(6) of the West Bengal Premises Tenancy Act.