S.K.Mookherjee, J. - (1.) This Second Appeal is at the instance of the defendant and is directed against a judgment of reversal.
(2.) The respondents plaintiffs instituted a suit for eviction of the appellant-defendant on the ground of reasonable requirement for own use and occupation and for building and rebuilding. The learned Munsif dismissed the suit and such decree of dismissal had been reversed by the lower appellate court, which decreed the suit substantially upon a finding that the plaintiffs had proved the case of reasonable requirement for their own use and occupation and occupation of their family and the requirement for building and rebuilding through additions and alterations was only to create some more living, space and as such was an extension of the ground of reasonable requirement.
(3.) Regarding the ground of reasonable requirement for building and rebuilding, the trial court came to the conclusion that the plaintiffs had prepared estimate, had submitted plan before the Corporation for sanction and had sufficient means but they failed to prove that the proposed work of building and rebuilding could not be done without evicting the tenant. The lower appellate court, as already indicated, approached the case with a view that the main ground for eviction was one under section 13 (1)(ff) of the West Bengal Premises Tenancy Act and section 13 (1)(f) was not invoked by the plaintiffs as an independent ground but one which was an extension of the ground under section 13 (1) (ff). In other words, according to the lower appellate court, the plaintiffs wanted to satisfy the reasonable requirement by making additions and alterations to the suit premises after getting possession thereof.;