NALINAKHYA Vs. SHYAM SUNDER HALDAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order of a Bench of the Calcutta High Court passed on 9-4-1951 in Civil Rule No. 1038 of 1950. The facts leading up to this appeal may be shortly stated as follows:

(2.) The respondents were, according to the appellant, monthly tenants under the appellant in respect of three rooms, one kitchen, one privy and a bathroom on the ground floor of Premises No. 6, Roy Began Street, Calcutta, at a monthly rent of Rs . 25 payable according to the Bengali Calendar month. On 29th Baisakh 1356 B.S. the appellant gave notice to the respondents too quit the premises on or before 7th Jaistha 1356 B. S. The respondents having failed to comply with the notice, the appellant on 1-6-1949 instituted proceedings under Chap VII of the Presidency Small Cause Courts Act, 1882, for the eviction of the respondents from the demised premises on the allegation that the tenancy had determined ipso facto for non-payment of rent for three consecutive months in terms of S. 12(3) of the West Bengal Premises Rent Cntrol Act, 1948. The respondents on 6-7-1949 deposited into Court Rs. 233-7-0 and on 8-7-1949 entered appearance and filed a written statement denying that they were in arrears with their rent or that their tenancy had been ipso facto determined. The said proceedings came up for hearing on 27-2-1950 and the respondents not having appeared it was heard exparte and an order was made directing the delivery of possession of the premises to the appellant on 3-5-l950. In the meantime on 31-3-1950 the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 (Act 17 of 1950) came into force. On 29-5-1950 the respondents filed an application in the trial Court under S. 18 of the said Act for vacating the order for possession. On 5-8-1950 the trial Court made an order upon terms which, as set out in the respondents' case, are as follows:

(3.) As already stated, the proceedings out of which the present appeal arises were instituted under Chap. VII of the Presidency Small Cause Courts Act, 1882. Chapter VII of that Act which is intituled "Recovery of possession of Immovable Property" allows the landlord, in certain circumstances to