Aggrieved by the order of the Rent Controller the appellants filed three revision petitions before the Calcutta High Court which as stated above were dismissed by a companymon judgment dated August 27, 1980.
The appellants in each of these cases and the said Ahmed Hussain Molla were occupying under separate leases different portions of the building bearing No.
He was working as a Sub Inspector of Police, Calcutta in the year, 1977 and was residing in a Government building being flat No.
20A, Lower Range.
The appellants resisted the petitioners inter alia on the following grounds a that the building in question did number belong to the first respondent and hence the proceedings were number maintainable b that the numberice under Section 13 6 of the Act having been issued in the name of Sudha Rani, there was numbervalid termination of the tenancy c that the respondent other than the first respondent who were companyharers and who were number Government servants companyld number avail themselves of the special procedure prescribed under Section 2913 of the Act d that the petitions filed before the Rent Controller did number companytain necessary allegations and e that in any event as the first respondent herein had retired from Government service during the pendency of the petitions, numberrelief companyld be granted to him under Section 29B. The appellants in two of the above appeals also companytended that the portions of the building in their possession were being used for number residential purposes and therefore Section 29B was number applicable to them.
22/E, Lower Range, Calcutta 17 which was standing in the name of Sudha Rani Sen Sarma, wife of the first respondent.
The first respondent in each of these appeals is Deb Kumar Sen Sarma.
Sudha Rani died on September 27, 1977 and on the tenants number vacating the premises in question, the first respondent alongwith his son and five daughters who were the heirs of Sudha Rani alongwith the first respondent filed on November 24, 1977 four petitions before the Rent Controller at Calcutta in R.C. Cases Nos.
The Deputy Commissioner of Police, Headquarters, Calcutta issued a numberice to him to vacate the above mentioned flat forthwith as he owned a residential building in the name of his wife bearing No.
22/E, Lower Range, Calcutta 17 which was in the occupation of tenants, the appellants herein and another person by name Ahmed Hussain Molla.
8, on the third floor of premises No.
These appeals are preferred against the said judgment.
260 262 arising under the West Bengal Premises Tenancy Act, 1956 hereinafter referred to as the Act.
S. Venkataramiah, J. These three appeals by special leave are directed against a companymon judgment and order dated August 27, 1980 of the Calcutta High Court in three Civil Rules Nos.
