JYOTIRMOYEE NAG, J.

( 1 ) THIS Rule is directed against Order No. 122 dated 4-7-1978 passed by the learned Munsif in Title Suit No. 65 of 1975. The said Title Suit was filed for eviction by the petitioner on 28-2-1975 praying for eviction of the opposite party in respect of two rooms including a joint privy of premises No. 88, Debendra Ganguly Road, P. S. Shibpur, District Howrah. That suit was filed on the ground of default in payment of rent and the same ground was made out in the notice to quit given by the petitioner on 3-12-1974. The petitioner is the landlord, purchaser from the previous landlord and accordingly though he had wanted the premises for his own use and occupation but on account of the bar under Section 13 (3a) of the West Bengal Premises Tenancy Act that ground was not stated in the notice nor was the suit filed on that ground. In February 1978 however, the three years' period having expired the petitioner filed an application under Order 6, Rule 17 of the Civil P. C. for amendment of the plaint and for adding the ground "reasonable requirement of the suit premises for his own use and occupation". The matter was contested by the opposite party tenant who filed t

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