RAJANI KANTO DAS Vs. DAYAL CHAND DE

JUDGEMENT

(1.) This is a Rule obtained against an order of the Registrar of the Court of Small Causes, Calcutta, rejecting an application before him by a sub-tenant, There was a proceeding by Dayal Chand Dey and Murari Mohan Dey under Chap. VII, Presidency Small Cause Courts Act, 1882, against Baidynath Seal, in which an order was passed on 13th July 1949, thus : "By consent the suit is decreed with costs."

(2.) The petitioner claims to be the sub-tenant of Baidyanath Seal and considers that in effect he cannot be removed from the part of the premises which he holds as a sub-tenant under Baidyanath Seal in view of the provisions of Section 11 (3), West Bengal Premises Rent Control Act, 1948. He also in his application made some reference to Section 18 of that Act (which appears to me to have no bearing on the present question at all) and made a number of somewhat strange prayers which it is not necessary to set out; but his principal prayer was that a notice be issued on the opposite party, namely, the plaintiffs and defendant in the proceeding under Chap. VII "to show cause why the applicant, the lawful sub tenant under the defendant, should not be deemed to be a tenant direct under the plaintiffs and the decree passed without the knowledge of the applicant be rescinded or varied under Section 11, Clause (3) and Section 8, West Bengal Premises Rent Control Act, 1948 and in the meantime all further proceedings and execution be stayed in the meantime."

(3.) The learned Registrar has remarked in his order :