JUDGMENT

DESAI, J.:— This appeal by special leave arises from a suit filed by the plaintiff respondent for eviction of defendant appellant from the ground floor of premises No. 16/1A, Ram Ratan Bose Lane, Shyambazar, which the appellant was occupying as a tenant on a monthly rent of Rs. 37, on the ground that the respondent required the same for his own use and occupation. The suit ended in a decree in favour of the respondent which was confirmed in appeal by the Additional District Judge. The appellant thereupon preferred second appeal to the High Court at Calcutta. In the second appeal the appellant sought permission to adduce additional evidence to the effect that the requirement of the landlord stood satisfied because he had recovered possession of four rooms on the first and second floors of the same building. A contention was also raised by him that the suit filed by the landlord was incompetent, it having been instituted within a period of three years of the acquisition of his interest as landlord in the premises by transfer and was accordingly hit by sub-sec. (3A) of S. 13 of the West Bengal Premises Tenancy Act, 1956, as amended by the West Bengal Premises Tenancy (Second