( 1 ) THIS appeal is from the judgment and decree of the learned Judge, 8th Bench, City Civil Court, Calcutta dated January 27, 1969 in a suit for recovery of possession of the suit premises. The plaintiff is the owner of premises No. 9-B, Mathura Sen Garden Lane P. S. Jorabagan, Calcutta which she purchased on October 12, 1966. The said premises had been in occupation of the defendant as a monthly tenant at a rental of Rs. 25/- payable according to the Bengali Calendar month. The plaintiff's case was that she with her family had been residing in a small house at 87-A, B. K. Pal Avenue, Calcutta as a tenant with three rooms in her possession. The said premises were insufficient for the accommodation of herself and her family consisting of her husband, eldest son, his wife, second son, a daughter, husband's sister and two employees of the business of the plaintiff's husband and her son. The plaintiff, it was stated required the said premises for her use and occupation and she intended to raise a second storey and to completely renovate the existing structure and she had means to effect such renovation and construction. It was further stated that the plaintiff