A.M. Bhattacharjee, J. - (1.) This appeal arising out of a suit for eviction of tenants decreed on the ground of the premises being reasonably required by the landlords for building/re-building, has raised some important questions relating to the interpretation of Section 13(l) (f) of the West Bengal Premises Tenancy Act, 1956 and also Section 18-A thereof to which Section 13(1) (f) is expressly subjected.
(2.) As is well known, the West Bengal Premises Tenancy Act, like the other cognate statutes operating in other states, restricts the jurisdiction of the Courts to decree eviction of premises-tenants except on one or more of the grounds specified therein and Clause (f) of Section 13(1) of the West Bengal Premises Tenancy Act specifies one such ground for which a Court can decree eviction of a tenant at the instance of the landlord. Section 13(1) (f) reads as hereunder : "Subject to the provisions of sub-section (13-A) and Section (18-A), where the premises are reasonably required by the landlord for purpose of building or re-building, or making thereto substantial additions or alterations, and such building or re-building or additions or alterations, cannot be carried out without the premises being vacated".
(3.) Section 18-A (1) provides that while decreeing eviction of a tenant on the ground of building/re-building under Section 13(1) (f), the Court shall specify the period within which such building/re-building is to be completed and Section 18-A(2) provides for restoration of tenancy to the tenant on the completion of such building/re-building. Section 18-A(2) reads thus : "(2) On the completion of the building/re-building, or the additions or alterations, on or to such premises, the Controller may, on the application of the tenant who has been ejected from such premises made within three months of the date of such completion and after giving the landlord an opportunity of being Learned, by order direct the landlord to put such tenant in possession of such premises or such part thereof as the Controller may specify in the order within fourteen days of the date of the order,";