9911796707
TMI Blog1987 (12) TMI 335X X X X Extracts X X X X X X X X Extracts X X X X ..... er without the consent of the appellant and, secondly, the appellant bona fide required the leased portion of the house for use and occupation of the members of his family. These concurrent findings, though pertaining to facts have been interfered with and reversed by the High Court and, if we may say so even at the outset by a process of reasoning which is at once in-apposite and unconvincing. 3. Now for some of the facts. The appellant is the owner of the. premises No. 30, Sambhu Nath Pandit Street, Calcutta. It is common ground that the appellant is living in the said house with his wife, his four sons, one of them being married and the other three unmarried though aged 34, 29 and 27 years respectively and a daughter. The appellant ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Court further held that there was no reason to disbelieve the appellant's statement that for want of accommodation in the house, he was not able to arrange for the marriages of his unmarried sons. In so far as the charge of subletting is concerned, the Trial Court found that on his own admission the respondent had ceased occupying the rooms given to him and he had given the rooms to his brother Manadhir and had shifted his residence elsewhere viz. first in a house at Indra Roy Road, then in a house in Chandi Ghosh Road and lastly in the house of his wife at Banerjee Para Road. The Trial Court therefore found no difficulty in holding that the evidence decisively proved that the appellant had permanently surrendered possession of the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as if the Trial Court and the Appellate Court had in any way misdirected themselves in rendering their findings on the question of bona fide requirement of additional accommodation by the appellant's failure to state correctly the exact number of rooms in his occupation. Secondly, the High Court filed to see that inspite of the house consisting of more rooms than what the appellant had set out in the plaint, the rooms were all of very small size. The size of the rooms in the occupation of the appellant have been set out by the Commissioner as under: two bed-rooms in the first floor measuring 13 ft. inches x 12 ft. 2 inches and 13 ft. 4 inches x 9 ft. 10 inches, one room in the 2nd floor measuring 10 ft. 4 inches x 7 ft. 1 inch and a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llate Court, we are clearly of the opinion that the High Court was not justified in attributing perversity to the findings of the Courts below and setting them aside. 5. Now coming to the question of subletting, once again we find that the Courts below had adequate material to conclude that the respondent had sublet the premises, albeit to his own brother and quit the place and the subletting was without the consent of the appellant. Admittedly, the respondent was living elsewhere and it is his brother Manadhir who was in occupation of the rooms taken on lease by the respondent. The High Court has taken the view that because Manadhir is the brother of the respondent, he will only be a licencee and not a sub-tenant. There is absolutely no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... session of the leased portion only by way of additional accommodation. To such a case the condition imposed by Section 13 that a landlord should not be in possession of any reasonably suitable accommodation may not be strictly attracted. Otherwise, it would lead to a landlord being asked to disrupt the family and providing accommodation for the members of his family at different places. The respondent's counsel submitted that since no issue has been raised on the question of alternative accommodation being available, the appeal may be remanded to the Appellate Court for evidence being taken and a finding rendered on the question whether the house in Ismail Madan Lane would meet the requirement of the appellant. We do not find any meri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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