IMPORTANT POINT
Even if one ground is made out, landlord would be entitled to eviction of tenant.

JUDGMENT

Abhay Manohar Sapre, J.

1. This appeal arises from the final judgment and final order/decree dated 07.07.2005 passed by the High Court of Calcutta in F.A. No.416 of 1984 whereby the Division Bench of the High Court dismissed the eviction suit filed by the appellants against the respondent and set aside the decree for eviction passed by the Trial Court in their favour and against the respondent.

2. In order to appreciate the issues involved in this appeal, it is necessary to set out the facts in detail herein-below.

3. The appellants are the plaintiffs (landlords) whereas the respondent is the defendant (tenant) in the eviction suit out of which this appeal arises.

4. The appellants (plaintiffs) are the owners/landlords of one shop (room) bearing premises No.1, Hartford Lane, Calcutta (hereinafter referred to as “the suit shop”), which was originally owned by Late Nahoum Elias and Miss Resmah Nahoum. The present appellants are the successors-in-interest of the suit shop. They had let out the suit shop to one - Alfajuddin Laskar on a monthly rent of Rs.40/-. In the suit shop, Alfajuddin Laskar used to do the business of sale of eggs under the name “24, Parganas Egg Stores”.

5. Alfajuddin Laskar expired in 1976. The respondent being his son became the tenant of the appellants on same terms and conditions. The respondent, however, closed his father's business of selling of eggs and started his tailoring business under the name “New India Tailors” in the suit shop.

6. In 1978, the appellants filed an Eviction Suit against the respondent under the provisions of the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as “the Act”. The eviction was claimed on four grounds, viz., default in payment of monthly rent, bona fide need, sub-letting and lastly, making of unauthorized construction in the suit shop by the respondent.

7. The respondent filed the written statement and denied all the four grounds. Parties adduced their evidence. The Trial Court, by order dated 30.01.1984, partly decreed the suit. It was held that so far as the grounds relating to default of rent and bona fide need are concerned, both are not made out whereas the other two grounds, namely, sub-letting and making of unauthorized construction in the suit shop, both stood made out against the respondent.

8. In this view of matter, the appellants’ suit was decreed in part against the respondent and the decree for eviction on the ground of sub-letting and unauthorized construction made by the respondent in the suit shop was passed. The respondent was granted six months’ time to vacate the suit shop and handover its vacant possession to the appellants.

9. Being aggrieved by the said order, the respondent filed appeal before the High Court at Calcutta. The appellants, however, did not file any cross appeal or cross-objection against that part of the order by which two grounds, viz., default in payment of rent and bona fide need were held not made out. The judgment of the Trial Court thus became final to that extent.

10. Therefore, the only question before the High Court was whether the Trial Court was justified in decreeing appellants’ suit on the grounds of sub-letting and making of unauthorized construction in the suit shop.

11. In other words, the question was whether the Trial Court was right in holding that the ground of sub-letting and making of unauthorized construction in the suit shop was made out.

12. The High Court, by impugned judgment, allowed the respondent’s appeal and dismissed the appellants’ eviction suit. The High Court held that no ground of either sub-letting or an unauthorized construction was made out, hence, the suit was liable to be dismissed in its entirety. It was accordingly, dismissed.

13. Against this judgment, the landlords felt aggrieved and filed this appeal by way of special leave in this Court.

14. Heard Ms. Daisy Hannah, learned counsel for the appellants and Mr. Zakiullah Khan, learned senior counsel for the respondent.

15. Having