NAKULESWAR GHATAK Vs. PROMODE KUMAR BANERJEE
LAWS(CAL)-1961-4-17
HIGH COURT OF CALCUTTA
Decided on April 12,1961

Nakuleswar Ghatak Appellant
VERSUS
PROMODE KUMAR BANERJEE Respondents

JUDGEMENT

- (1.) This appeal is by the tenant Defendant and it arises out of a suit for eviction. The suit is in respect of the back portion of premises No. 13/3, Ramkanta Bose Street, Calcutta. The notice to quit was given in April, 1958, requiring the; tenant to quit and vacate the suit premises on the expiry of May, 1958. The tenant not having complied with the said notice, the instant suit was brought on June 4, 1958, the landlords' plea under the relevant Rent Control Law (West Bengal Premises Tenancy Act, 1956) being reasonable requirement for their own "use and occupation".
(2.) There were four landlords, who, as Plaintiffs, instituted the present suit. Of them, the first three were the original owners of inter alia the "suit premises. Later on, the suit premises, barring only the privy and the staircase, were sold by them to Plaintiff No. 4, who undertook to construct her own privy and staircase. The plea of reasonable requirement as taken by Plaintiff No. 4, was of that part of the suit premises, which belonged to her, namely, of the entire suit premises minus the privy and the staircase, which were not covered by her purchase and it was for accommodation of herself and her family. The other Plaintiffs, namely, Nos. 1 to 3, pleaded reasonable requirement of the remaining part of the suit premises, namely, of the privy and the staircase, left out by Plaintiff No. 4 as aforesaid, for their own use and accommodation after building and rebuilding to give effect to the partition between them.
(3.) The two requirements, as set out above, constitute the Plaintiffs' whole case of reasonable requirement under the relevant Rent Control Law.;


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