RAM PASRICHA Vs. JAGANNATH

JUDGEMENT

(1.) This is an appeal by the defendant-tenant by certificate from the judgment of the Calcutta High Court. The question that arises for decision is whether a landlord who is a co-owner of the premises with others is "the owner" within the meaning of Section 13 (1) (f) of the West Bengal Premises Tenancy Act, 1956 (briefly the Act). It will turn on the interpretation of the expression "if he is the owner" under Section 13 (1) (f) of the Act.

(2.) Briefly the facts are as follows:-

(3.) The plaintiff-respondent (hereinafter to be referred to as the plaintiff) is admittedly the landlord of one late Bhagat Ram Pasricha predecessor-in-interest of the present appellant and respondents 2 and 3 (hereinafter to be referred to as the defendants). The tenancy was in respect of a part of the premises No. 221/1. Rash Behari Avenue, Calcutta, being the entire second floor of the building. The tenancy commenced some time in 1946 and Bhagat Ram Pasricha promised to vacate the said premises within March 31, 1947 and positively after March 31, 1948. Bhagat Ram Pasricha, however, did not vacate and died on February 18, 1960, leaving behindthe defendants as his heirs. The plaintiff is only a co-sharer owner of the suit premises being one of the heirs of his father late Motilal Sen who originally owned the property.