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2005 Supreme(Cal) 11

High Court Of Calcutta
S. K. GUPTA
SHRIMATI LLA GUHA - Appellant
Versus
SHYAMAL BHATTACHARYA - Respondent
S. A. 453 Of 1999
Decided On : 01/10/2005

Advocates Appeared:
Amritalal Dhar, ANIMESH KANTI GHOSAL

The determination of reasonable requirement under Section 13(1)(ff) of the West Bengal Premises Tenancy Act, 1997, requires consideration of the specific circumstances of each case, including the size of the landlord's family, the availability of alternative accommodation, and the suitability of the suit premises for the landlord's needs. The subsequent acquisition of additional accommodation by the landlord during the pendency of the litigation does not automatically disentitle the landlord from obtaining a decree for eviction if the additional accommodation is not suitable for the landlord's needs.

Headnote:

LANDLORD-TENANT - WEST BENGAL PREMISES TENANCY ACT, 1997 - SECTION 13(1)(FF) - REASONABLE REQUIREMENT - SUFFICIENCY OF ACCOMMODATION - EFFECT OF SUBSEQUENT ACQUISITION OF ADDITIONAL ACCOMMODATION - INTERPRETATION OF SECTION 13(1)(FF) - COURT'S DISCRETION IN DETERMINING REASONABLE REQUIREMENT - CONSIDERATION OF FAMILY SIZE AND SUITABILITY OF ADDITIONAL ACCOMMODATION.

Fact of the Case:

The plaintiff, a landlord, filed an eviction suit against the defendants, her tenants, on the ground of reasonable requirement under Section 13(1)(ff) of the West Bengal Premises Tenancy Act, 1997. The plaintiff claimed that she required the suit premises for her own use and occupation as her family had grown in size and the existing accommodation was insufficient. The defendants contested the suit, denying the plaintiff's need and claiming that she had sufficient accommodation.

Finding of the Court:

The trial court decreed the suit in favor of the plaintiff, holding that she had proved her reasonable requirement for the suit premises. The first appellate court reversed the trial court's decision, finding that the plaintiff had not genuinely required the suit premises as she had let out a room that had become vacant during the pendency of the litigation.

Issues: 1. Whether the plaintiff had proved her reasonable requirement for the suit premises under Section 13(1)(ff) of the West Bengal Premises Tenancy Act, 1997? 2. Whether the first appellate court erred in reversing the trial court's decision without considering the suitability of the additional room that had become available to the plaintiff during the pendency of the litigation?

Ratio Decidendi: 1. The court held that the term 'reasonable requirement' under Section 13(1)(ff) of the West Bengal Premises Tenancy Act, 1997, must be determined based on the specific circumstances of each case, considering factors such as the size of the landlord's family, the availability of alternative accommodation, and the suitability of the suit premises for the landlord's needs. 2. The court held that the first appellate court erred in reversing the trial court's decision without considering whether the additional room that had become available to the plaintiff during the pendency of the litigation was suitable for her needs. The court noted that the plaintiff had claimed that the room was not habitable and that this claim had remained unchallenged by the defendants.

Final Decision: The court allowed the second appeal, set aside the judgment of the first appellate court, and restored the judgment of the trial court decreeing the suit in favor of the plaintiff.

S. K. GUPTA, J.


( 1 ) THIS Second Appeal has been preferred against the judgment and decree passed by Civil Judge, Senior Division, Alipore, 7th Court in Title appeal No. 44 of 1998 whereby the decision of the Civil Judge, Junior division, Second Court, Alipore passed in Title Suit No. 71 of 1988 was reversed. The case of the plaintiff/appellant is that, she instituted the ejectment suit praying for eviction of the defendants/respondents from the suit premises. According to the plaintiff, the defendants were the tenant under her in respect of the suit premises for a monthly rent of Rs. 80/- payable according to English calendar month. As the plaintiff required the suit premises for her own use, so she requested the defendants to vacate the suit premises. But as the defendants refused to vacate, so the plaintiff served a notice of eviction on the defendants asking them to vacate the suit premises. In spite of that, the defendants did not vacate the suit premises and as such the plaintiff was compelled to file the suit for eviction against the defendants. The plaintiff also prayed for eviction against the defendants claiming that they are guilty of causing nuisance and annoyance.

( 2 ) THE defendants contested the suit by filing written statement wherein they denied the plaintiff's claim that she required the suit premises for the use of herself and for her family members. According to the defendants, there are sufficient spaces available to the plaintiff to accommodate herself and her family members and for that eviction of the defendants from the suit premises was not at all required. The defendants also denied that they are guilty of causing nuisance and annoyance in the suit premises.

( 3 ) UPON the above pleadings, the learned Trial Court framed several issues and thereafter, after considering the materials-on-record, he was pleased to decree the suit in favour of the plaintiff/appellant as according to the Trial Court, the plaintiff required the suit premises for her own use and occupation. Being aggrieved by the said judgment, the defendants preferred an appeal. The learned First Appellate Court also was of the opinion that the plaintiff required the suit premises reasonably for her and her family members' use and occupation. But as it transpired before the learned First appellate Court that during the pendency of the litigation, the appellant let out a room which fell vacant, so according to the learned First Appellate court, the plaintiff was not entitled to get a decree for eviction. As such, said Court was pleased to allow the appeal of the defendants/tenants and dismiss the suit.

( 4 ) BEING aggrieved and dissatisfied with the said finding of the learned first Appellate Court, this second appeal was preferred by the plaintiff/ appellant. According to the appellant, the learned First Appellate Court was not at all justified in reversing the decision of the trial Court. It has been alleged that the learned First Appellate Court failed to appreciate the materials before him properly and as such the decision of the learned First appellate Court is liable to be set aside.

( 5 ) THE appeal was heard on the following questions :-1) Whether the judgment of the Court of Appeal below was a proper judgment of reversal in view of the fact that the Appellate court had not considered that even if one room which was let out by the plaintiff/appellant during the pendency of the present litigation would sufficiently meet the reasonable requirement of the plaintiff/ appellant within the meaning of Section 13 (1) (ff) of the Act. 2) Whether the Court of the appeal below ought to have considered that the plaintiffs/appellants' need could not be satisfied in full even in case the plaintiff/appellant occupied one room which was vacated by the tenant during the pendency of the appeal or not. 3) Whether the appellate Court ought to have come to a finding that even if a room was vacated by a tenant during the pendency of the appeal, the






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