Amitava Lala, J. - (1.) The suit was instituted by the plaintiff before the Court of first instance practically on two grounds one is on the ground of Section 13(l)(b) of the West Bengal Premises Tenancy Act, which relates to Clauses (m),(o) and (p) of the Transfer of Property Act and the other ground is committing nuisance or annoyance by the tenant in terms of Section 13(l)(e) of the said Act.
(2.) So far the first Court is concerned, the same had passed a decree in favour of the appellant herein on the ground of Clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act. But, relief had been granted in respect of the nuisance and annoyance. The finding of the Court of first instance in this regard is as follows:- "The plaintiff landlord has (page 11 begins) another allegation relating switch and starter of pump machine. But he failed to show that at the very initiation of installation of the tenant the aforesaid switch and starter was affixed within the tenanted occupation. No where in the argument (ext. 5) made between the parties that it is mentioned that the switch and starter of pump is kept within tenanted areas. No independent witness has come to depose about the prior position of that switch and starter. I do not consider this allegation of pltff. as he fails to prove it by adducing cogent evidence. But I consider the change of bath room door and in absence of any just cause I hold it amounts to material deterioration of suit property and as such the defdt. is liable to be evicted. In the result the suit succeeds. Pltff. is entitled to get the decree as prayed for."
(3.) So far the First Appellate Court is concerned, the finding of the Court of first instance in respect of (m), (o) and (p) and Section 108 of the Transfer of Property Act was disbelieved, and accordingly, the decree was set aside the that extent. However, the first Appellate Court concurrently held in respect of the specific case of the plaintiff as regards which and starter of the pump machine as follows : "There is nothing in exhibit (5) to show that the switch and starter was there inside the suit premises.";