Decided on January 18,1983

Saral Kumar Sengupta Appellant


Manash Nath Roy, J. - (1.) This Rule with the corresponding interim order, was obtained on 20.9.76. against a notice in Annexure 'B' to the petition, whereby the petitioner was asked to vacate the Government premises as was allotted to him and he was informed that in default of compliance, necessary steps for eviction would be taken against him.
(2.) The petitioner, at all material times, was an Upper Division Assistant, in the office of the District Distribution (H.G.), Directorate of Food and Supplies and was working at 11 A, Free School Street, Calcutta-16. In or about 1958, he filed an application for allotment of a flat in the Government Housing Estate at Karaya Road, Calcutta-19 and in fact, on 1st June, 1958, he was allotted flat No. 5 in Block 'F' of the Government Housing Estate, Karaya Road (hereinafter referred to as the said flat), by the Assistant Secretary, Housing Department, Government of West Bengal, respondent No. 3. The rent payable for the said flat was agreed to be or fixed at Rs. 77/- per month and such allotment was made in terms of the terms and conditions for occupation of flats under rental house scheme for the State Government employees. The copy of the agreement has been disclosed as Annexure 'A' to the petition and clause (7) of the same specifically lays down that in terms of the same, it will be clear that the said flat should be exclusively used for the purpose of the residence of the petitioner and the members of his family and for no other purpose whatsoever. The agreement further contains other terms and conditions, for the default whereof the tenancy would be terminated or would come to an end, automatically.
(3.) It has been claimed by the petitioner that after taking over possession of the said flat, he was residing there with the members of his family including his wife, brother and three unmarried sisters and it has also been stated by the petitioner that the persons as mentioned above, were and are members of his family and have been residing in the said flat, since the inception of the tenancy. It has further been stated by the petitioner that nobody ever objected to such occupation of the petitioner along with the other members of his family in the said flat and as such, he was surprised to receive the notice in Annexure 'B' to the petition on 12.9.76, whereby, he was asked to quit the said flat and deliver vacant and peaceful possession of the same. From a reference to the notice, it would appear that the same was issued as it was found that neither the petitioner nor any member of his family lived in the flat and that the petitioner had inducted Sri Santosh Kumar Sen Gupta and others to live and reside therein, without any authority. Immediately on receipt of the said notice the petitioner made a representation on 17.9.76, as in Annexure 'C' to the petition and informed the authorities concerned, that Sri Santosh Kumar Sen Gupta was one of his brothers and he, along with another brother, Sri Samarendra Kumar Sen Gupta and three unmarried sisters were residing in the said flat, as members of his family. He stated that his family included his wife and the brothers and sisters as mentioned above. Under such circumstances, it was claimed by the petitioner that there was no violation committed by him, in respect of in terms of clause (7) of the terms of tenancy and he also claimed that his case would not come within section 3(ii) of the West Bengal Government Premises (Tenancy Regulation) Act, 1976 (hereinafter referred to as the said Act). It should be noted that in the petition, there is a categorical statement by the petitioner in paragraph 14, that he generally resides with his family along with his brothers and unmarried sisters in the said flat and sometimes, he is required to live outside temporarily in another flat, in view of the fact that accommodation available in the said flat, is not sufficient to the need of the members of the family.;

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