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1991 Supreme(SC) 529

R.M.SAHAI, T.K.THOMMEN
Swadeshranjansinha – Appellant
Versus
Haradeb Banerjee – Respondent


Advocates:
D.N.MUKHERJI, LALITA KOHLI, MANOJ SVARUP, N.R.CHAUDHARY, RANJAN MUKHERJEE, S.K.MISHRA, Saria Chandra

JUDGMENT

THOMMEN, J.:- Leave granted.

2. This appeal by the plaintiff in a suit for eviction arises from the judgment of the Calcutta High Court dismissing his appeal against the judgment of the Ist appellate Court allowing the defendants appeal against the decree of the trial Court. The trial Court found that the plaintiff was entitled to evict the tenant on the ground of reasonable requirement specified under S. 13(1)(ff) of the West Bengal Premises Tenancy Act, 1956 (the "Act"). Reversing that finding, the Ist appellate Court held that the plaintiff was not the owner of the premises and was, therefore, not entitled to seek eviction. This finding was affirmed by the High Court by the judgment under appeal.

3. The only question which arises in the present appeal is whether or not the plaintiff is the owner of the suit premises for the purpose of instituting a suit for eviction in terms of the Act. The dispute concerns a flat allotted to the plaintiff by the Kadamtola Housing Cooperative Society, Calcutta (the "Society"). This was one of the 16 flats held by the Society under 99 years lease granted by the Calcutta Metropolitan Development Authority under a registered document. The Soc

















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