A.K. Nandi, J. - (1.) This is an application under Sec. 29B(9) proviso of the West Bengal Premises Tenancy Act and one under Article 227 of the Constitution of India. The landlady figuring as opposite party in this case filed an application under Sec. 29B of the West Bengal Premises Tenancy Act for eviction of the tenants -petitioners from two rooms in the ground floor in the disputed holding. Her husband was a Colonel in the army medical service. He was due to retire on the 27th February 1985. But on account of year to year extensions he remained in service until 28.2.87. A notice dated the 17th January 1985 was served upon the tenants asking them to vacate on the expiry of the last day of February 1985. The action in ejectment was instituted on the 27th of March 1985.
(2.) The landlady's family now consists of herself, her husband and an unmarried daughter. Two daughters are already married. The landlady is presently in occupation of the first floor comprising one big and another small bed rooms, another small room used as kitchen, a bath and a privy in mezzanine floor and a covered space. In the ground floor she is in occupation of a room used as store, a covered space, a pump room. The tenants are in occupation of two rooms in the ground floor.
(3.) The landlady demands two bed rooms, one chamber for the doctor husband, one study room for the daughter, one drawing room, one room for married daughters, one dining room, kitchen, store, bath and privy.;