ANIL K.SEN, J. - (1.)An order dated November 22, 1982, passed by the Rent Controller, Calcutta, dismissing an application under S.29B, West Bengal Premises Tenancy Act (hereinafter referred to as the said Act), which was registered as Eviction Case No. 4/81, is the subject matter of challenge in this revisional application. The applicant before the Rent Controller (hereinafter referred to as the plaintiff) is the petitioner before us and the application is being contested by the opposite party 2 (hereinafter referred to as defendant 2).
(2.)According to the plaintiff, he purchased flat No. 2, Block 'D', at premises No. 58/3, Ballygunge Circular Road, Calcutta, from a Co-operative Society in terms of an agreement. For effecting such a purchase he paid a sum of nearly Rs. 61,000.00 and incurred a loan to the tune of Rs. 50,000.00 from the Co-operative Society which was to be repaid on instalments. Plaintiffs further case is that after such purchase but before he could take delivery of possession of the flat from the Co-operative Society, he had to leave India on deputation service and as such, he let out the said flat to one Abani Bhusan Bhattacharjee, defendant 1, at a monthly rent of Rs. 1,800.00 to be paid in the manner agreed to between the parties but not relevant for the present purpose. The flat was so let out to defendant 1 sometime in April 1977 and the Co-operative Society gave delivery of the flat to defendant 1 on November 2, 1977. According to the plaintiff, defendant 1 in his turn inducted defendant 2 as a sub tenant in respect of the said flat. When the plaintiff returned to India at the end of his deputation, he was posted at Calcutta as the General Manager, Telecommunication Project, East Zone. He was granted temporary accommodation at the Telephone Bhavan Inspection Bungalow up to January 7, 1981 which was further extended till January 30, 1981. He was directed to vacate the Inspection Bungalow by January 31, 1981, and was advised to secure an allotment of accommodation from the Estate Manager, Calcutta. The plaintiff asked for the necessary allotment from the Estate Manager but was informed on January 20, 1981 "In view of your owning a house in Calcutta, your priority date for allotment of accommodation under General Pool goes down as below : -
Type Priority date E Priority date goes down from 6-7-71 to 1-6-77 E-1 Priority date goes down from 16-9-75 to 1-6-77

(3.)As a result, there is no possibility of your getting any accommodation for Type-E Qtr. which you could have got otherwise but for your owning a house in Calcutta. For the same reason you are well behind in the Waiting List for allotment of E-1 Qtr." In that background the plaintiff filed an application for an order for eviction under S.29B of the said Act before the Rent Controller on the ground of his personal requirement within the meaning of S.13(1)(ff) of the said Act.