A.K.Nandi, J. - (1.) This is an application under section 29B(9) proviso of the West Bengal Premises Tenancy Act and one under Art. 227 of the Constitution of India.
(2.) The landlady figuring as opposite party in this case filed an application under section 29B of the West Bengal Premises Tenancy Act for eviction of the tenants-petitioners from two rooms in the ground floor in the d 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 16 year extension he remained in service until 28.2.87. A notice dated the 27th of 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.
(3.) 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 mazanine 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.;