MALA RANI SAMANTA Vs. KAMAL BOSE

JUDGEMENT

(1.) THIS revisional application, which was contested by the defendant/opposite party, was at the instance of the plaintiff/petitioner against Order No. 36, dated 14th December, 1987 passed by the learned Assistant District Judge, Baruipur, in Title Suit No. 74 of 1987. By the order, as impeached, a prayer for amendment under Order 6, Rule 17, Code of Civil Procedure has been rejected on contest with costs.

(2.) ADMITTEDLY , in February, 1986 the plaintiff/petitioner filed a suit for ejectment on the ground of her reasonable requirement. The suit was initially filed at Alipore and thereafter transferred to Baruipur, for determination. The suit was one for recovery of khas possession, damages and mesne profits. There is also no doubt or dispute that the West Bengal Premises Tenancy Act, 1956 was amended in September, 1986 and thereby in a proceeding of the present nature, the party applying for necessary orders on reasonable requirement, is required to establish that he or she has no other reasonably suitable accommodation.

(3.) THE written statement in the proceedings was filed in or about March, 1987 and amongst others, in paragraph 16 of the statement it has been pleaded that the plaintiff obtained delivery of an adjacent flat, but relet the same at a higher rate and such, she had no need of it and in fact, she wanted to get back the flat in question, for which the concerned suit has been filed, only to relet the same at a higher rate.