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Issues: Whether a co-owner landlord is "the owner" within the meaning of section 13(1)(f) of the West Bengal Premises Tenancy Act, 1956 and can maintain an eviction claim for his own occupation.
Analysis: The expression "if he is the owner" was construed in the setting of co-ownership. Co-ownership does not mean that each co-owner owns only a separate fraction of the property; each co-owner owns the whole property along with the others until partition. In a landlord-tenant dispute, the tenant is estopped from disputing the landlord's title at the commencement of the tenancy, and the question of title is not to be defeated merely because all co-owners are not joined. The requirement found by the courts below was for the plaintiff's occupation and was not dependent on the ownership being sole and absolute.
Conclusion: A co-owner landlord is an owner within section 13(1)(f) of the West Bengal Premises Tenancy Act, 1956, and a suit for eviction on the ground of reasonable requirement for his own occupation is maintainable.
Ratio Decidendi: For the purpose of an eviction ground based on reasonable requirement for own occupation, co-ownership satisfies the requirement of ownership; sole and exclusive ownership is not necessary when the plaintiff is the acknowledged landlord.