MANUJENDRA DUTT Vs. PURNEDU PROSAD ROY CHOWDHURY

JUDGEMENT

(1.) Two questions arise in this appeal by certificate granted by the High Court at Calcutta, (1) as regards the jurisdiction of the Controller under the Calcutta Thika Tenancy Act, 1949, after the deletion therefrom of Section 29 by Amendment Act of 1953 in respect of proceedings pending before him on that date and (2) the right of a Thika Tenant as defined by the Act to a notice provided under the deed of lease.

(2.) By a registered lease, dated December 4, 1934, the appellant entered into possession of the land demised thereunder from the Bhowanipore Wards Estate which was then managing the said property at a monthly rent of Rs. 47-0-3 P. The lease was for a fixed term of 10 years and it inter alia gave the tenant option of renewal of the said lease provided he offered the maximum rent which might he offered by intending tenants on expiry of the said term. Clause 7 of the deed of lease provided that the lessee shall be bound on the termination or sooner determination of the lease to restore to the lessors the land demised after removing the structures with drains, privies, water taps etc., leaving the land in the same state as it was at the date of the lease. It also provided that the lessee would be bound to sell the said structures, privies, drains etc. to the lessors if the lessors so desired at a valuation to be fixed by a qualified Engineer specified therein. Clause 7 then provided as follows.

(3.) Before the High Court two questions were canvassed:(1) regarding the jurisdiction of the Controller after S. 29 of the Act was deleted and (2) regarding the notice which the appellant claimed he was entitled to under the said lease before the respondents could exercise any right of eviction. The High Court was of the view that in spite of the deletion of Section 29 the jurisdiction of the Controller in respect of matters pending before him at the date of the coming into force of the said Amending Act was saved and also rejected the appellant's contention as to notice on the ground that the non obstante provisions in S. 3 of the Act entitled the landlords to a decree for eviction without first terminating the contractual tenancy by a notice as provided for by the said proviso to Cl. 7 of the said deed of lease.