The court's discretion in determining the reasonableness of a landlord's requirement for premises for his own use and occupation.

Manash Nath Roy, J.

1. This Appeal from Original Decree, is directed against the judgment and decree dated 16.3.1981, passed by Shri J.K. Bhattacharjee, learned Judge, 8th Bench, City Civil Court at Calcutta, in Ejectment Suit No. 343 of 1973 (Gobinda Chandra Dutta vs. Krishna Kanta Bhowmick). It should be noted that the above Appeal being analogous to F.A. No. 123 of 1981, which arose out of judgment and decree passed in Ejectment Suit No. 281 of 1974 (Gobinda Chandra Dutta vs. Kandarpa Mohan Chowdhury) and as made by the said learned Judge, was heard together, since the facts, issues and point of laws as involved, were the same. It should also be noted that by the same judgment and decree, the learned Judge concerned also decreed Ejectment Suit Nos. 777 and 778 of 1973 (Shri Gobinda Chandra Dutta vs. Gopal Chandra Das) but no appeal having been taken from the determinations in those suits, the determinations which we shall be making now, will be in respect of F.A. Nos. 122 and 123 of 1981 only.

2. The four suits as mentioned above, were for recovery of khas possession of the premises in question, on the ground of reasonable requirement and for own use and occupation of the owner landlord Shri Gobinda Chandra Dutta. It was his case that the concerned premises No. 8A, Mondal Street, P.S. Jorabagan, Calcutta, belonged to him and on the date of filing the suits, he bad in his possession only two bed-rooms in the first floor and two small partitioned compartments of a tin shed on the second floor, one of which was used by him as a thakurghar and the other one as a kitchen. It was the case of the plaintiff that his family consisted of himself, his wife, his eldest son aged about 26 years and another son aged about 28 years and five unmarried daughters. It was stated by the plaintiff that at the relevant time, the eldest son was employed with the State Bank of India and the other son was studying M.Com. It has further been stated by him that out of the five unmarried daughters, three were students reading in Classes X, VI and II. It would appear that one of the five daughters was given marriage after the suit was filed. According to the plaintiff, the defendant/appellant in F.A. No. 122 of 1981, Krishna Kanta Bhowmick was a monthly tenant in respect of one room and a kitchen on the ground floor of the premises in suit and the rent, which was payable according to English calendar months was Rs. 27/-. It was also his case that the defendant/appellant in F.A. No. 123 of 1981, Kandarpa Mohan Chowdhury was also a monthly tenant under him, in respect of one room on the first floor and a kitchen on the roof of the premises in question, at a monthly rental of Rs. 22/- which was payable according to Bengali calendar month. So far Gopal Chandra Das, against whom the plaintiff/Respondent got ex-parte decree in the concerned suits held two tenancies consisting of one room and one kitchen on the ground floor which was relevant for Ejectment Suit No. 777 of 1973 and he used to pay a monthly rental of Rs. 21/- and such rent was payable according to Bengali calendar month. The other tenancy of the said Gopal Chandra Das, which was relevant for Ejectment Suit No. 778 of 1973, consisted of one room on the first floor and the rent payable for the same was Rs. 27/- per month. Such rent was said to be payable according to English Calendar month.

3. It was the categorical case of the plaintiff that the accommodation available at the premises in question so far be was concerned, was wholly insufficient and he was not in possession of any alternative reasonably suitable accommodation. In his plaint, the plaintiff has specified his requirement as four bed-rooms, one for himself and his wife, one for his eldest son who was intended to be given in marriage, one for the other son and which was to be used as his bed-room and exclusive study and one bed-room for the aged daughters. Besides the above, the plaintiff also stated, that he required the kitche