JUDGMENT

1. This second appeal has been directed against judgment and decree dated November, 30, 2012 passed by Learned Additional District Judge, 1st Court at Siliguri ,Darjeeling in Title Appeal No. 12(5) of 2011 arising out of other cases (OC) Ejectment Suit No. 24 of 2010. Division bench of this court while admitted the appeal formulated following substantial questions of law:-

(i) “Whether the learned Appellate Court below applied the correct legal principles in dismissing the Title Appeal No. 12(5) of 2011 and affirming the judgment and decree dated 6thApril , 2011 passed by the Learned Civil Judge, Senior Divisions, Siliguri in O.C. (Ejectment) No. 24 of 2010?

(ii) Whether a suit on the ground of reasonable requirement for personal use and occupation filed by a transferee/landlord before expiry of one year from the date of acquisition of the suit property could have been entertained and decreed?”

2. Factual backdrops:

(i) The appellant/defendant was inducted as a tenant for residential purpose in respect of the ground floor of the two storied building at a monthly rent of Rs. 3000/-excluding electricity and other charges payable according