- (1.) THE petitioner is the trustee of premises No. 133b, Shyama Prosad Mukherjee Road, Calcutta, which is a trust property. According to the petitioner she let out part of the premises, in the ground floor, to her son Sunil Kumar Das Gupta, opposite party No. 5 in this Rule who in his turn sub-let one hall and one room, out of the portion let to him, to Naranarayan Ghosh, opposite party No. 4.
(2.) NARANARAYAN Ghosh, however, in his affidavit-in-opposition, denies the case as made by the petitioner. He says that he is the Secretary of Naranarayan Institute of Culture, an institution for the teaching of dancing and music to girls. In such capacity, he obtained a lease from month to month of one hall, one room, a privy and a bath, in the ground floor of premises No. 133b, Shyama Prosad Mukherjee Road, from the petitioner directly, some time in the year 1952. He further says that the lease was taken for accommodation of Naranarayan Institute of Culture, an institution registered under the Societies Registration act and aided by the Education Department of the State Government as an institution for imparting education in music and dancing. He makes a definite case that the tenancy consisted not only of a hall and a room but also of a privy and a bath.
(3.) BY an order made under section 3 (1) of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947, one hall, one room, one privy and a bath, in occupation of Naranarayan Institute of Culture was requisitioned for a public purpose. The order bears the date November 7, 1958. In the affidavit-in-opposition of the respondent Land Acquisition Collector, the nature of the public purpose is: admitted to be "accommodation of the Naranarayan Institute of Culture, which is a public institution for training of dancing and music. ";