Prabir Kumar Samanta, J. - (1.) This is the plaintiffs appeal against the judgment and decree of dismissal of the suit for eviction of their tenants from the suit premises.
(2.) The suit premises as per schedule appended to the plaint is one room on the ground floor of premises No. 29 Haladhar Bardhan Lane, Calcutta - 12 within Muchipara Police Station in the city of Calcutta butted and bounded as described therein. It may be stated herewith that the extent of the tenancy as well as the description given thereof as above are not in dispute.
(3.) The plaintiffs filed the said suit for eviction on the ground of reasonable requirement of the same as per Section 13(1) (ff) of the West Bengal Premises Tenancy Act, 1956. In short, the case of the plaintiffs is that they became the owners of the entire premises No. 29 Haladhar Bardhan Lane by purchase. In particular plaintiff No. 1 purchased half of the said premises by a Deed of Conveyance dated 15.03.86, while the plaintiff No. 2 purchased the balance half by a Deed of Conveyance dated 20th December, 1985. The predecessor-in-interest of the defendants namely Jagabandhu Dutta since deceased was a tenant in respect of the suit premises which is a shop room on the ground floor and was being used as a ration shop by the defendants at monthly rental of Rs. 68/- payable according to the English Calendar month. After purchase the defendant duly attorned the tenancy under the plaintiffs and paid rent to them regularly. The only ground for eviction of the tenant is the reasonable requirement of the suit premises by the plaintiffs. It is the specific case that the family members of the plaintiffs consist of one son who was aged about 16 years on the date of filing of the suit in the month of April, 1989 and one married daughter. The aforesaid premises is a three storied building having one room each in the first and second floors of the same. Plaintiff No. 1 is a seller and distributor of law books and journals. He requires one exclusive room for keeping such books and journals and also for the purpose of meeting and dealing with his clients. He has no other place to keep the books and journals separately and he is using his bedroom for such purposes. At the same time he cannot meet and deal with his clienteles in connection with his business nor he could secure or execute orders for supply of sufficient number of books and journals. He is thus suffering a lot in his business for dearth of accommodation. An ejectment notice was accordingly served upon the original tenant/defendant, the predecessor-in-interest of the defendants, who received the same by putting his signature in the postal acknowledgement receipt.;