Judgement

OZA, J. :- This is an appeal preferred by the appellant after getting leave from this court against the judgment and decree passed by the High Court of Calcutta wherein the High Court allowed the appeal of the respondent-tenant and set aside the decree for eviction granted by the courts below in favour of the appellant.

2. The appellant-landlord filed a suit for recovery of possession of the 2nd floor rear portion of the premises 248, C.I.T. Road, Calcutta which was let out to the respondent defendant as a monthly tenant on the ground that the landlord reasonably required the suit premises for his own occupation and had no other reasonably suitable accommodation in the town. The decree was also sought on other grounds which is not relevant for the purposes of this appeal.

2A. Both the courts the Trial Court and the First Appellate Court found that the suit premises were reasonably required for the personal use and occupation of the appellant-landlord and his family which consisted of his wife one son one daughter and therefore the decree was granted in accordance with West Bengal Premises Tenancy Act, 1956.

3. What was urged by the appellant plaintiff in support of genuine requirement was that he is a Medical practitioner and was appointed as a Physician in Ghana (Africa in 1964) where he has been residing temporarily. In Ghana after some time his family could not stay and his wife and children have come back and are residing in Calcutta. His service in Ghana was terminable by giving a notice of 3 months and the plaintiff landlord desires to come back to India and settle down in medical practice in this locality where the house is situated. It was also alleged in the plaint that he could not come back as the accommodation was not available, and that after taking retirement from Ghana they will settle down in Calcutta in this house in dispute. The requirement of the family also was alleged on the ground that the son and the daughter of the appellant have also grown and they also need rooms for their use. It was also alleged that apart from the residential portion he also needs one room for his medical practice.

4. The trial court and the first Appellate Court accepting this contention of the plaintiff appellant granted decree for eviction.

5. It appears that during the pendency of this litigation the present appellant also had entered into an agreement with some construction company for a flat in South Calcutta and ultimately in October 1978 he got possession of that flat. The First Appellate Court i.e. the Court of Additional District Judge maintained the decree in favour of the appellant by its judgment dated 29th September, 1978 and against this judgment the respondent tenant preferred a second appeal before the High Court. During the pendency of this appeal in the High Court the respondent tenant submitted an application for consideration of subsequent events i.e. the acquisition of the flat in South Calcutta suggesting that the need of the appellant landlord has been satisfied and therefore the decree of eviction should be set aside. The High Court permitted this application for amendment and permitted parties to lead additional evidence and in consequence the appellant landlord also was examined once again and it is not disputed that apart from his statement which was recorded earlier additional evidence was recorded and it is on this evidence that the High Court came to the conclusion that as now alternative accommodation i.e. a flat in South Calcutta which was acquired in 1978 is available the decree of eviction was set aside and it is against this judgment of the High Court that the present appeal has been preferred.

6. Learned counsel appearing for the appellant contended that while in service in Ghana since 1975 the appellant wanted to come back but could not because the premises were not available and therefore the suit was filed. During this period out of some savings from the earnings that the appellant made in