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 re