( 1 ) THIS Rule is directed against the order passed by the learned Rent Controller in K. C. Case No 3 of 1981. The proceeding before the learned Rent Controller Under Section 29b of the West Bengal Premises Tenancy Act provides for expeditious disposal of an application for eviction of a tenant. The petitioner is the owner of premises No. 18a. Ramesh Mitter Road, Calcutta-25. The opposite party is a monthly tenant in respect of ground floor flat at 18a, Ra-mesh Mitter Road which consists of three living rooms one kitchen, one bathroom, one privy and a courtyard at a monthly rental of Rs. 140. The peti-tioner is a retired military officer and he was attached to the Armv Medical Corps. He retired from active military service from the 30th July, 1977. After his retirement, he out up with his elder brother, but now since his elder brother cannot accommodate him on account of his own requirement, he requires the suit premises for his personal occupation. Hence, he filed the application under Section 29e of the West Bengal Premises Tenancy Act after giving notice to quit on the 19th Nov. , 1980. After receipt of summons the opposite party entered appearance in the s