Anil K.Sen, J. - (1.) This appeal from an appellate decree is at the instance of the defendant in a suit for eviction which had been decreed concurrently by the two Courts below. One Sm. Tripti Ghose, wife of the present plaintiff was the owner of premises No. 13, South End Park, which is a four-storeyed building. The first floor and the garage at the ground floor of the said premises more fully described in the plaint schedule was let out by the said Sm. Ghose to the defendant-appellant, Indian Oil Corporation at a monthly rental of Rs. 500/- payable according to English calendar. The said Sm. Ghose died on January 7, 1976, leaving behind a will executed by her on November 11, 1975. The plaintiff as the executor appointed by the testatrix obtained probate of the will. By the will the testatrix bequeathed the 2nd floor of the premises as aforesaid to her eldest son Hirak, 3rd floor to her second son Himadri and first and ground floors to her youngest son Sanjoy subject to a right of residence for his life to the plaintiff.
(2.) The plaintiff after obtaining probate determined the tenancy in favour of the defendant by a notice to quit served on July 10, 1976, and further gave them the necessary notice of a suit under Section 13 (6) of the West Bengal Premises Tenancy Act (hereinafter referred to as the said Act). The plaintiff then instituted Title Suit No. 179 of 1976 in the 3rd Court of the learned subordinate Judge, Alipore, praying for eviction of the defendant from the suit premises on the ground of reasonable requirement for the use of occupation of himself and his youngest son Sanjoy. According to the plaintiff after grant of probate of the will he and his youngest son Sanjoy had been living in the 2nd and 3rd floors of the premises as aforesaid as the licensees of his other two sons, the legatees and they are demanding possession of the respective floors allotted to them. The plaintiff further pleaded that neither he nor his youngest son Sanjoy had any other alternative suitable accommodation available to them.
(3.) The defendant-appellant contested the suit by filing a written statement. An objection was raised as to the maintainability of the suit. The defendant denying all know-ledge about the will or the allotment made thereunder pleaded that the same was not at all bona fide and was intended entirely to prepare grounds for eviction of the defendant who had refused earlier the landlord's prayer for enhancement of the rent. They denied the reasonable requirement pleaded by the plaintiff and further pleaded that in any event the ground floor would have been more suitable for the use and occupation of the plaintiff and his son Sanjoy.;