Law:

Section:

East Bengal Premises Rent Control Act, 1953-Bona fide requirement for own occupation under the Act-Words require and own occupation -Meaning of-Material time for considering whether there has been default in payment.   By the use of the word `require' the Legislature intended to indicate that there must be genuine present need, which must not merely be a desire for the premises; but at the same time it does not go to the extent of saying that the word requirement connotes that there must be an absolute necessity.   To say that the words own occupation are limited to the personal occupation of the landlord himself and of no others is to put too narrow a construction on the words `own occupation'. The words own occupation' must embrace the occupation of. the landlord himself personally as also of such members of his family as are dependant on him. Occupation of one's own dependant daughters or sons would be sufficient to bring it within the meaning of own occupation' under the East Bengal Premises Rent Control Act. 1953.   The material time to consider whether there has been default in payment of rent is the date on which the decree in the suit comes to be passed by the Court.   Jagadish Chandra Sarkar and others v. 4bdu; Aziz 7 D L R 314; Sri Naresh alias Narendra Chandra Sarkat v: Kanai Lal Roy Chowdhury 56 C W N 480; Institute of Radio Technology and others v. Pandurang Baburao A I R 1946 Bom. 212; Smith v. Penny L R 1947 K B D 230 and Keshuh Mitter v. Mrs. P. Ghose alias Mrs. Latika Ghose 49 C W N 728 ref.  JUDGMENT   RAHMAN, J.---This is an application under section 115 of the Code of Civil Procedure for revising an appellate order of the District Judge, Pabna, affirming the order of the Rent Controller, Pabna, granting permission under section 18 of the East Bengal Premises Rent Control Act, 1953, to institute a suit for evicting the petitioners before me. The application for permission to bring a suit for ejectment was on the ground that the petitioners before me were habitual defaulters, and that the premises were bona fide required by the landlord for his own occupation.   The petitioners before me…