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1956 Supreme(Cal) 76

DAS GUPTA, GUHA RAY
SHARMA ELECTRIC ENGINEERING WORKS – Appellant
Versus
RADHA DEVI – Respondent


Advocates Appeared:
A.K.SEN, BEJOY BHOSE, P.N.Misra, Samarendra Krishna Deb

DAS GUPTA, J.

( 1 ) TWELVE suits brought for ejectment of tenants of twelve separate rooms of premises No. 31, Mallick Street, were heard analogously and all the twelve suits were decreed. We are concerned now with only four of these. In these four, (he plaintiff, after averring that notices to quit were duly served, alleged that the tenants were not entitled to the protection of Sub-section (1) of Section 12 of the West Bengal Premises Kent Control (Temporary Provisions) Act, 1950, inasmuch as the premises in the occupation of each of these tenants were reasonably required by the landlord for the purpose of re-building. It was alleged that premises No. 31, Mallick Street, was a very aid house and that there was very great danger of the house falling down unless some of the walls were taken down and strengthened by re-construction after putting a steel frame. This, though denied by the tenants, was believed by the trial court and also by the court of appeal, which held that the landlord had made out her case that the premises were reasonably required by her for the purpose of re-building. On second appeal, our learned brother P. N. Mookerjee J. , came to the conclusion as regards












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