NANDORANI DASSI Vs. SATYA NARAIN HARIT

JUDGEMENT

(1.) This is an appeal from an order of Bachawat J. dated 9-5-1950 on an application under Section 18 (1), West Bengal Premises Rent Control (Temporary Provisions) Act, 1960.

(2.) The application prayed that a decree for possession passed in a suit between the parties should be vacated, and that the petitioner should be granted leave to pay the arrears of rent due from him to the plaintiff appellant within a time to be fixed by the Court.

(3.) The defendant-respondent was a tenant of the plaintiff-appellant in respect of rooms occupied as a shop and store room in premises known as No. 114/1 Cotton Street in this city. In August of 1949 the plaintiff-appellant instituted a suit for ejectment of the tenant from these rooms and for recovery of arrears of rent, taxes, electricity charges etc. In the plaint the appellant alleged that the respondent had defaulted in the payment of rent for three consecutive months and therefore that the tenancy had ipso facto determined. There was a further allegation that the tenancy with regard to one room had been forfeited on account of certain breaches of covenant. In due course the suit came for hearing before Sarkar J. who held that the respondent had defaulted in the payment of rent for three consecutive months and therefore by reason of Section 12 (3), West Bengal Premises Rent Control (Temporary Provisions) Act, 1948, the respondent's interest in the premises had been ipso facto determined. He further held that no relief could be granted on the basis of forfeiture, but with that finding we are no longer concerned. He accordingly made a decree for pos-session of the said premises.