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of <h1>Appeal partially allowed, case remanded for further consideration. Trial court to expedite and determine just division.</h1> <h3>Krishna Das Nandy Versus Bidhan Chandra Roy</h3> The appeal was allowed in part, and the case was remanded to the trial court for further consideration of the disputed proviso and final disposal in ... - Issues Involved:1. Validity and sufficiency of the notice to quit.2. Nature of the tenancy (whether for manufacturing purposes).3. Applicability of the West Bengal Premises Rent Control Act, 1950.4. Plaintiff's reasonable requirement for the premises.5. Comparative advantage and disadvantage to the landlord and tenant.6. Applicability of the proviso for partial eviction under the Rent Control Act.7. Claim for mesne profits.Issue-wise Detailed Analysis:1. Validity and Sufficiency of the Notice to Quit:The court examined whether the notice to quit served on the defendant was valid and sufficient. The notice was served on 13-5-1955, requiring the defendant to vacate by the end of May 1955. The court held that a fifteen-day notice was sufficient unless the tenancy was for manufacturing purposes, which would require a six-month notice.2. Nature of the Tenancy (Manufacturing Purposes):The court analyzed whether the tenancy was for manufacturing purposes, which would necessitate a six-month notice. The defendant claimed the tenancy was for manufacturing purposes, but the court found that the manufacturing activities were minor and subsidiary to the main purpose of motor repair works. Thus, the tenancy was not for manufacturing purposes, and a fifteen-day notice was deemed sufficient.3. Applicability of the West Bengal Premises Rent Control Act, 1950:The court considered whether the defendant was protected from eviction under the Rent Control Act. The key question was whether the defendant's purchase of the tenancy in liquidation proceedings came within the provisos of Section 12(1) of the Act. The court concluded that the sale in liquidation was a transfer by operation of law, not by the tenant, and thus, the defendant was not deprived of protection under the Act.4. Plaintiff's Reasonable Requirement for the Premises:The plaintiff claimed he needed the premises for his own occupation, citing disturbances at his current residence and health issues. The court found that the plaintiff's requirement was genuine and reasonable, subject to the test of comparative advantage and disadvantage.5. Comparative Advantage and Disadvantage to the Landlord and Tenant:The court weighed the comparative advantages and disadvantages to both parties. Given sufficient time, the defendant could relocate without greater disadvantage than the plaintiff would suffer from not obtaining possession. The court concluded that the plaintiff's requirement was reasonable, but the defendant should be given time until the end of November 1958 to vacate.6. Applicability of the Proviso for Partial Eviction:The court considered the proviso for partial eviction, which allows the court to order partial eviction if it substantially satisfies the landlord's reasonable requirement and the tenant agrees. The court found that approximately one bigha of the premises would suffice for the plaintiff's needs and suggested a division of the premises accordingly. The case was remanded to the trial court to determine the applicability of this proviso and to consider further materials for a just decision.7. Claim for Mesne Profits:The court held that the claim for mesne profits depended on the outcome of the eviction claim. If the plaintiff's claim for ejectment was decreed fully, mesne profits would follow; otherwise, the court might need to reconsider the claim for rent in place of mesne profits.Conclusion:The appeal was allowed in part, and the case was remanded to the trial court for further consideration of the disputed proviso and final disposal in accordance with the judgment. The trial court was instructed to expedite the matter and consider additional materials to determine a just division of the premises. Costs were left to the discretion of the trial court.
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