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2007 Supreme(SC) 469

H.K.SEMA, P.K.BALASUBRAMANYAN
Vishwamitra Ram Kumar – Appellant
Versus
Vesta Time Company – Respondent


JUDGMENT

P.K. Balasubramanyan J. — Leave granted.

2. Seven suits were filed by the landlord of a line building consisting of eight rooms, for eviction of the tenants on the ground of rebuilding under Section 13(1)(f) of the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as, “the Act”). The relevant pleading in the plaint was not happy and the claim for rebuilding was mixed up with the requirement for own occupation, a ground covered by Section 13(1)(ff) of the Act. At the stage of trial or even before, the landlord gave up the claim under Section 13(1)(ff) of the Act of reasonably requiring the suit premises for its own use and purpose. It may be mentioned that the landlord is said to be a partnership firm.

3. In support of the claim for eviction under Section 13(1)(f) of the Act, it was pleaded that the building was 100 years old; that it was situate in a mixed locality but mainly residential; that even at the time of the purchase of the building, the intention of the landlord was to reconstruct the building and occupy a portion of it, being the upstair portion of the building; that the claim for eviction on the ground of rebuilding was bona fide; and that the landl























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