9911796707
TMI Blog1967 (7) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... lants in C. A. No. 2253/66 for recovery of possession of flat No. 8 in the aforesaid premises in his occupation as a tenant, and another suit against the appellant in C. A. No. 2254/66 for recovery of possession of flat No. 9 in his occupation as a tenant, on the ground that they reasonably required the flats for the occupation of their staff. By Sec. 13(1) of the West Bengal Premises Tenancy Act, 1956, (West Bengal Act XII of 1956), the tenants are protected from eviction except on one or more of the grounds specified in the sub-section. The grounds mentioned in clause (f) of S. 13(1) are: - "Where the premises are reasonably required by the landlord either for purposes of building or re-building or for making thereto substantial addition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ute scarcity of accommodation in the city, it is not possible to find other convenient flats for officers who were transferred to the city from other stations. Suitable provision for the accommodation of officers visiting Calcutta on tour is a matter of necessity. The sole question is whether the occupation by its staff officers would be the company's own occupation. The point of dispute on which the two courts differed is whether the officer to whom the flat would be allotted would occupy it as a tenant or as a licensee. It is common case before us that if he is a licensee his occupation would be on behalf of the company and its requirement would be for its own occupation. On the other hand, if he is a tenant his occupation would be on his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is death whichever is earlier. Notice given by the Company to the Licensee of termination of employment or of transfer away from Calcutta shall be deemed to be sufficient notice of revocation of the licence. 4. The Company shall be entitled to determine forthwith the licence hereby granted if the licensee shall fail to comply with any of the terms and conditions herein contained and on his part to be observed and noncompliance with the terms and conditions herein contained may be deemed by the company to be misconduct. 5. These presents shall not or shall not be deemed to create any relationship of landlord and tenant between the company and the licensee in respect of the said premises. 6. The company shall pay all present and future reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. 7. The Licensee will not permit any persons other than his own personal servants to occupy the servants' quarters allotted to him by the company and will not permit the garage allotted to him by the company to be used for residential purpose. 8. The Licensee shall not take in any paying guest without prior written permission from the company and such permission shall be deemed to have been withdrawn when the paying guest ceases to reside. 9. The Licensee shall not let or part with possession of the whole or any part of the said premises to any person, firm or company. During periods when the Licensee is absent from Calcutta the Company may assign the premises to any other employee or suitable person at its sole discretion. The questi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A service occupation is a particular kind of license whereby a servant is required to live in the premises for the better performance of his duties. Formerly, the occupation of the servant was regarded as a tenancy unless it was a service occupation, see Nippon Menkwa Kalmshiki v. F. Portlock(A.I.R. 1922 Botm. 70). Now it is settled law that a servant may be a licensee though he may not be in service occupation. In Torbett v. Faulkner([1952]2 T.L.R. 659,660) Denning, L. J. said: "A service occupation is, in truth, only one form of licence. It is a particular kind of licence whereby a servant is required to live in the house in order the better to do his work. But it is now settled that there are other kinds of licence which a servant may ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce of the servant from Calcutta, the company is at liberty to assign the premises to any other employee or other person. The accommodation is free, but the Company reserves the right to levy license fees. All the terms of the agreement are consistent with the expressed intention that the officer is permitted to occupy the flat as a licensee and nothing in the agreement shall be deemed to create the relationship of landlord and tenant. The agreement on its true construction read in the light of the surrounding circumstances operates as a license and not as a tenancy. It creates no interest in the land. It gives only a personal privilege or license of the servant to occupy the premises for the greater convenience of his work. The High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
