The applicability of tenancy laws to specific areas and the validity of eviction notices under relevant legal provisions.

JUDGMENT :

Jyotirmay Bhattacharya, J.

1. This second appeal is directed against the judgment and decree dated 26th February, 2018 passed by the learned Additional District Judge, Fast Track Court-3, Barrackpore, North 24-Parganas in Title Appeal No. 31 of 2013 reversing the judgment and decree dated 28th February, 2013 passed by the learned Civil Judge (Junior Division), 3rd Court, Sealdah in Ejectment Suit No. 192 of 2004 at the instance of the defendant/appellant.

2. Let us now consider the merits of the appeal to find out as to whether any substantial question of law is involved in this second appeal for which the appeal is required to be admitted for hearing under the provision of Order XLI Rule 11 of the Code of Civil Procedure or not.

3. Here is the case where we find that the plaintiff/respondent filed a suit for eviction against the defendant/appellant on the ground of default in payment of rent and also on the ground of her reasonable requirement of the suit premises.

4. The defendant contested the said suit by filing written statement denying the material allegations made out by the plaintiff in the plaint. The parties led evidence in support of their respective contentions in the suit.

5. The learned Trial Judge after considering the pleadings of the parties and their evidence ultimately held that the plaintiff has failed to prove that the defendant is defaulter in payment of rent in respect of the suit premises. The learned Trial Judge further held that the plaintiff has also miserably failed to prove that she reasonably requires the suit premises for her own occupation and for the occupation of the members of her family. Though the learned Trial Judge held that the eviction notice under Section 6(4) of the West Bengal Premises Tenancy Act, 1997 read with Section 106 of the Transfer of Property Act which was served upon the defendant was good, valid and legal, but the learned Trial Judge refused to pass a decree for eviction as the plaintiff failed to prove the grounds of eviction as pleaded in the plaint. Thus, the suit was dismissed.

6. Being aggrieved by and dissatisfied with the said judgment and decree of the learned Trial Judge, the plaintiff preferred an appeal before the learned first Appellate Court. A question came up for consideration before the learned first Appellate Court as to the applicability of the provisions of the West Bengal Premises Tenancy Act to the tenancy of the defendant which is situated within Barrackpore Cantonment area. The learned first Appellate Court rejected the defendant's application under Order 7 Rule 11 of the Civil Procedure Code holding that the provisions of the West Bengal Premises Tenancy Act, 1997 applies to the tenancy of the defendant. The learned first Appellate Court, thus, held that the eviction suit which was filed by the plaintiff under the provision of the West Bengal Premises Tenancy Act is maintainable. The learned first Appellate Court held that the defendant is a defaulter in payment of rent for the period from April 2002 to October 2004 at the rate of Rs. 2,200/- per month. The learned first Appellate Court also held that the plaintiff has succeeded in proving that she reasonably requires the suit premises for her own use and occupation and she has no other alternative accommodation elsewhere. Holding as such the learned first Appellate Court set aside the judgment and decree of the learned Trial Judge and allowed the said appeal. Thus, a decree for eviction was passed by the learned first Appellate Court in the said appeal. The legality and/or correctness of the said judgment and decree passed by the learned first Appellate Court is under challenge in this appeal.

7. Let us now consider the merits of the instant appeal in the facts of the instant case.

8. Since the fate of this appeal depends upon the issue as to whether the West Bengal Premises Tenancy Act applies to the present tenancy of the defendant or not, let us first of all consider the said issue first befo