Judgment. - This is a suit by a landlord against a tenant for a decree for possession of a flat let out to the tenant, on the ground that the flat is bona fide required by the landlord for purposes of rebuilding. The landlord claims that he is entitled to the decree under proviso (f) to S. 11 (1), West Bengal Premises Rent Control Act (1948).

2. The house in which the flat is situate was built in 1940 and has at present three storeys, in each of which there are two flats. The defendant is the tenant of the front flat on the Second floor. The house has two staircases, the back one of which is meant for the use of the tenants and goes up to the second floor. The front staircase only goes from the ground floor front flat to the first floor front flat both of which flats are used by the landlord. The space in the second floor over this staircase is in the defendants flat and is used by him as his kitchen. The house also has provision for fitting up a lift and the space meant for the lift shaft is now used on each floor as an ante-room or entrance to a flat. The entrance to the defendants flat is through one of these rooms.

3. The plaintiff is admittedly an eminent member of the medical p

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