A lessee or sub-lessee, even for a long term, is not considered the 'owner' of the premises under Section 13 (1) (ff) of the West Bengal Premises Tenancy Act.

( 1 ) THIS appeal is directed against the judgment and decree dated May 25, 1982 passed by the learned Subordinate Judge, 3rd Court, Howrah in Title Appeal No. 142 of 1981 reversing those of the learned Munsif 3rd Court at Howrah dated April 24, 1981 passed in T. S. No. 165 of 1977.

( 2 ) THE plaintiff-appellant instituted the said suit against the defendant-respondent for eviction from the suit premises and mesne profit. The suit premises comprises a third floor Oat of a Howrah Improvement Trust building located at Kadamtola within P. S. Bantra. The plaintiff's case is that the plaintiff is the owner of the said Cat and the defendant was a monthly tenant under him in respect of the flat at a monthly rental of Rs. 110/- payable according to English calendar month. The defendant defaulted in payment of rent from February 1976. The plaintiff reasonably requires the suit flat for his own use and occupation as he has no alternative suitable accommodation. The defendant's tenancy was determined by service of a combined notice under section 106 of the T. P. Act and section 13 (6) of the West Bengal Premises Tenancy Act expiring on the last date of December, 1976 but the defendant did not comply with the notice. Hence the suit.

( 3 ) THE defendant contested the suit by filing a written statement in which the alleged grounds of ejectment were denied. The service of the notice and the legality and validity thereof was also challenged.

( 4 ) UPON consideration of the evidence, the learned Munsif has held that the tenancy was determined on the expiry of December, 1976 by service of a valid notice of ejectment. He has further held that the defendant was a defaulter but was entitled to protection against eviction under Section 17 (4) of the West Bengal Premises Tenancy Act. He has accepted the plaintiff's case that he is the owner of the suit premises and he reasonably requires the suit premises for his use and occupation and that he is not in possession of any other reasonably suitable accommodation. He has accordingly passed a decree in favour of the plaintiff.

( 5 ) IN the appeal preferred by the defendant being Title Appeal No. 142 of 1981, the lower appellate court has held that the plaintiff being a lessee of the disputed premises is not owner within the meaning of section 13 (1) (ff) of the West Bengal Premises Tenancy Act and as such he has not considered the question whether the plaintiff reasonably requires the suit premises for his own occupation and whether he is in possession of reasonably suitably accommodation and allowed the appeal setting aside the judgment and decree of the trial court. Being aggrieved the plaintiff has preferred this second appeal.

( 6 ) THE appellant has filed an application under Order 41 Rule 27 of the C. P. Code for accepting the bye-laws of the Kadamtola Housing Co-operative Society Limited of which the appellant is a member, the share certificate and the registered deed of lease dated 22nd March, 1990 between the Calcutta Metropolitan Development Authority and the Kadamtola Housing Co-operative Society by which the said Housing Society was granted lease of the disputed four storied building containing 16 flats for a period of 99 years with an option of reneual for another 99 years with right to grant sub-lease for the same period to its members under its own rules and regulations. There is no dispute that the plaintiff is a member of. the said Kadamtola Housing Co-operative Society and that the disputed flat has been allotted to him and that the plaintiff is a sub-lessee under the said Housing Society. The documents annexed to the petition may be admitted as additional evidence. It appears that the erstwhile Board of Trustees of the Howrah Improvement Trust, in implementation of a Housing Accommodation Scheme for providing residential accommodation to persons of Low Income Group having annual income not exceeding Rs. 6,00/- erected 16 units four storied building in question as