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1991 Supreme(Cal) 440

HIGH COURT OF CALCUTTA
Bhagabati Prosad Banerjee & Amal Kanli Bhattacharji, JJ
Smt. Uma Mishra (Sanyal)
v.
Monoranjan Sinha & Ors.
F.A.Nos. 120 of 1987, 118 of 1987, 220 of 1986, 221 of 1986 10 of 1988, 119 of 1987 & 117 of 1987.
Decided On : September 19, 1991

Advocates:
Advocate Appeared:
Sudhis Dasgupta, Vinay Misra, Subhra Kamal Mukherjee Ujjal Bhattacherjee for the appellants
Monorajan Das for the respondents in F.A.No. 120 of 1987
D. N. Trivedi, Asish Ghosh S. Dubey for the appellants
Sudhis Dasgupta, Vinay Misra, Subhra Kamal Mukherjee Ujjal Bhattacharjee for the respondents.

A plaintiff-landlady is entitled to invoke the ground of eviction as mentioned in clause (ff) of sub-s. (1) of s. 13 of the West Bengal Premises Tenancy Act, 1956 by amendment in a suit which was filed within the prohibited period mentioned in sub-s. (3A) of s. 13 of the said Act.

Headnote:

LANDLORD TENANT - EJECTMENT - REASONABLE REQUIREMENT - AMENDMENT OF PLAINT - WEST BENGAL PREMISES TENANCY ACT, 1956 - S. 13(1)(FF), 13(3)(A).

Fact of the Case:

Uma Sanyal, the plaintiff-landlady purchased premises No. 10 B, Baranashi Ghosh Street, Calcutta on 11th August 1975 and filed several ejectment suits for eviction of the respective tenants from the premises. All the suits were heard together and by a common judgment dated 8th July 1985, the court below decreed the ejectment suits and directed the defendants to vacate the premises within three months from the date of judgment. The defendants-tenants appealed against the judgment.

Finding of the Court:

The court held that the plaintiff-landlady was entitled to invoke the ground of eviction as mentioned in clause (ff) of sub-s. (1) of s. 13 of the West Bengal Premises Tenancy Act, 1956 by amendment in a suit which was filed within the prohibited period mentioned in sub-s. (3A) of s. 13 of the said Act and the decree passed by the court below on the basis of the additional ground for eviction as provided under clause (ff) of sub-so (1) of. S. 13 is valid and, cannot be challenged on this ground.

Issues: 1. Whether the plaintiff-landlady was entitled to invoke the ground of eviction as mentioned in clause (ff) of sub-s. (1) of s. 13 of the West Bengal Premises Tenancy Act, 1956 by amendment in a suit which was filed within the prohibited period mentioned in sub-s. (3A) of s. 13 of the said Act? 2. Whether the decree passed by the court below on the basis of the additional ground for eviction as provided under clause (ff) of sub-so (1) of. S. 13 is valid?

Ratio Decidendi: 1. The court held that the plaintiff-landlady was entitled to invoke the ground of eviction as mentioned in clause (ff) of sub-s. (1) of s. 13 of the West Bengal Premises Tenancy Act, 1956 by amendment in a suit which was filed within the prohibited period mentioned in sub-s. (3A) of s. 13 of the said Act. The court relied on the judgment of the Supreme Court in the case of Smt. Prova Rani Chokraborty & Anr. v. Inder Sengupta in Civil Appeal No. 1921 judgment delivered on 5th March, 1991, wherein it was held that such an amendment of the plaint for incorporating the new ground of eviction under clause (ff) of sub-s. (1) of S. 13 which was brought on record, was validly made. 2. The court held that the decree passed by the court below on the basis of the additional ground for eviction as provided under clause (ff) of sub-so (1) of. S. 13 is valid and, cannot be challenged on this ground.

Final Decision: The court allowed the First Appeal No. 120 of 1987 filed by the plaintiff-appellant-landlady Uma Sanyal and reversed the Ejectment Suit No. 932 of 1976, entitling her to a decree for eviction against the defendants respondent Monorsnjao Sinha in respect of one room on the ground floor of the premises in question. All other appeals were dismissed without any order as to costs.

JUDGMENT

Banerjee, J.: All the eight appeals had been heard together in view of the fact that the plaintiff-appellant Uma Sanyal had filed several ejectment suits being ejectment suit Nos. 932 of 1976, 1270 of 1978, 1285 of 1978, 1290 of 1978, 1295 of 1978, 1303 of 1978 and 788 of 1979 for ejectment of the respective tenants from the premises No. 10 B, Barasnashi Ghosh Street, P.S. Jorasanko, Calcutta. All the above suits were heard together by R.K. Kar, Judge, 5th Bench, City Civil Court, Calcutta and by a common judgment dated 8th July, 1985 decreed the ejectment suit Nos. 1270 of 1978, 1285 of 1978, 1290 of 1978, 1295 of 19678, 1303 of 19678, 4788 of 1979 and the defendants therein were directed to vacate the premises no. 10B, Baranshi Ghosh Street, within three months form the date of judgment. By the said judgment the court below dismissed the ejectment suit No. 932 of 1976, all suits were heard analogously on the prayer of the parties and for the sake of convenience and similarly all the appeals had been together for the sake of convenience and on the prayer of the parties. The plaintiff-landlady purchased the premises No. 10B, Baranashi Ghosh Street, Calcutta by a registered deed of conveyance dated 11th August, 1975 form one Radhika Bibi who was the owner of the premised and landlady of the defendants tenants. The plaintiff-landlady resides in a rented flat at premises No. 10B, Dihi Entally Road, Calcutta comprising only three rooms on the ground floor. According to the plaintiff-landlady the accommodation available in the rented flat was neither suitable nor sufficient for her and her family member. The plaintiff-landlady and her husband are both advocates who are engaged in the legal profession. The said ejetment suit was filed on various grounds including the ground of reasonable requirement of the suit premises. The property was purchased on 11th August, 1975 and the title suit No. 932 of 1976 was filed within a year form the date of the purchase of the property. There are common questions involved in the suit and appeals which will be dealt with after the facts of each title suit are se out below : -

In F.A. No. 120 of 1987 (Ejectment suit No. 932 of 1976) the plaintiff-landlady’s case was that the defendant was a tenant in respect of one room in the ground floor of the premises at a monthly rental of Rs. 3/- per month. The grounds of ejectment were that the defendant-tenant had

Defaulted in payment of rent since March 1976 and the defendant-tenant was guilty of committing acts of waste and damages and had converted the room and the adjacent reak into a shop room without the consent of the plaintiff and had thereby acted contrary to the provisions of Clauses (m) (o) and (p) of s. 108 of the Transfer of Property Act and the defendant-tenant had converted the residential room into a tailoring shop.

In F.A. No. 119 of 1987 (Ejectment Suit No. 270 of 1978) the plaintiff-landlady’s case was that the defendant-tenant was a tenant in respect of the two rooms on the first floor of the premises at a monthly rental of Rs. 50/- per month. The other ground of ejectment was that the defendant-tenant was guilty of committing acts of waste and damages and had thereby acted contrary to the provisions of Clauses (m) (o) and (p) of s. 108 of the Transfer of Property Act.

In F. A. No. 10 of 19S8 (Ejectment suit No. 1985 of .1978) the plaintiff-landlady's case was that the defendant was a tenant in respect of one room in the 'ground' floor and one room on the 1st floor of the premises at a monthly rental of Rs.43/- per month. The other ground of ejectment was that the defendant-tenant was guilty of committing acts of waste and damages and had thereby acted contrary to the provisions of Clauses (m) (o) and (p) of s. 108 of the Transfer of Property Act.

In F. A. No. 117 of 1987 (Ejectment suit No 1290 of 1978) the plaintiff landlady’s case was that the defendant therein was 11 tenant in respect of two rooms and one kitchen on the 1st floor











































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