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1986 Supreme(Cal) 97

A.M.BHATTACHARJEE, SUKUMAR CHAKRAVARTY
Sarashibala Roy – Appellant
Versus
Monorama Roy – Respondent


Advocates Appeared:
Nihar Ranjan Chatterjee, K. N. De, D. K. Ganguly for appellant;
N. C. Roy Chowdhury, Aloke Chakraborty for respondent.

JUDGMENT

A. M. Bhattacharjee, J.: This appeal, arising out of a suit for eviction of tenants decreed on the ground of the premises being reasonably required by the landlords for building/re-building, has raised some important questions relating to the interpretation of S. 13(1)(f) of the West Bengal Premises Tenancy Act, 1956 and also S. 18A thereof to which S. 13(1)(f) is expressly subjected. As is well known, the West Bengal Premises Tenancy Act, like the other cognate Statutes operating in other States, restricts the jurisdiction of the Courts to decree eviction of premises tenants except on one or more of the grounds specified therein and Clause (f) of Section 13(1) of the West Bengal Premises Tenancy Act specifies one such ground for which a Court can decree eviction of a tenant at the instance of the landlord. Section 13(1)(f) reads as hereunder:––

"Subject to the provisions of sub-s. (3A) and S. 18A, where the premises are reasonably required by the landlord for purpose. of building or re-building, or for making thereto substantial additions or alterations, and such building or re-building or additions or alterations, can not be carried out without the premises being vacated."




















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