PABITRA KUMAR ROY Vs. ALITA D SOUZA

JUDGEMENT

(1.) The appeal raises an interesting question of law relating to the interpretation of sub-section (2) of Section 3 of the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as the 1956 Act) which does not appear to have been considered earlier for its full scope and effect. The question relates to the applicability of sub-section (2) of Section 3 of the 1956 Act to leases which were executed for periods of over twenty years but containing a clause allowing prior determination at the instance of either the lessor or the lessee. Prior to 1965, the said Section was comprised only of one Section which is now numbered as sub-section (1). Sub-section (2) was added by Amending Act XXIX of 1965. Since we shall be considering the provisions of Section 3 in this appeal, at some length, the same as it stands, after amendment, is reproduced hereinbelow for reference:

(2.) As will appear from the facts involved in this appeal, by a registered deed of lease dated 13th January, 1969, the predecessor-in-interest of the appellants let out the ground floor flat with one garage, measuring 1200 sq.ft., in premises No.29/1, Bondel Road, Calcutta 700019, to the respondent on a rental of Rs.450/- per month. The lease commenced with effect from 1st January, 1969, and was for a period of 21 years. The lease deed contained a clause which permitted the parties to terminate the lease prior to its expiry with notice from either side.

(3.) On 29th September, 1972, when the lease was subsisting, the lessor served a notice determining the lease under Section 111 (g) of the Transfer of Property Act, 1882. The lessee was asked to quit and vacate and deliver possession to the lessor on the expiry of the notice period. Inasmuch as, the lessee did not vacate the premises, the lessor filed a suit, being Title Suit No.3/1973, for eviction of the lessee from the suit premises and for recovery of arrear rents and damages. The said suit was decreed by the 2nd Subordinate Judge at Alipore under Section 111 of the Transfer of Property Act, 1882, on the ground of default. However the lessee made an application for protection under Section 114 of the Transfer of Property Act, 1882, and on payment of the arrear rents, he was entitled to retain his possession of the suit premises.