RAM CHANDRA BASU Vs. APARNA SARKAR

JUDGEMENT

(1.) The present application under Article 227 of the Constitution of India is directed against the order dated 6.9.95 passed by the Rent Controller in R. Case No. 1 of 1993 under section 29B of the West Bengal Premises Tenancy Act directing the petitioner to quit and deliver vacant possession of the premises appertaining to holding No. 19 Bhaduri Para, Kalna.

(2.) The opposite party filed the application under section 29B of the West Bengal Premises Tenancy Act in February 1993 for eviction of the petitioner on the ground of her own reasonable requirement as specified in clause (ff) of sub section (1) of section 13 of the Act alleging that the petitioner was a tenant under her in respect of the concerned premises and that she is a Government servant due to retire from service on 30th June, 1993 and was required by law to vacate the Government accommodation on that date and that she was not possessed of reasonably suitable accommodation elsewhere.

(3.) The petitioner was allowed to contest the said application for eviction on the basis of a written objection supported by an affidavit. The petitioner denied virtually all the material allegations of the opposite party and in particular, the petitioner disputed the existence of relationship of landlord and tenant between the opposite party and him and challenged the maintainability of the application.