S K CHAUDHURI Vs. JOY KUMAR SARKAR

JUDGEMENT

(1.) This appeal arises out of a suit for ejectment filed on 18th June 1946 under the provisions of the Calcutta Rent Control Order, The premises had been let in July 1942 at a rental of Rs. 32. The plaintiff based his suit on the grounds that notice had been served and that the defendant was a habitual defaulter. There was also a claim for damages for the period subsequent to the notice. The trial Court decreed the suit giving damages only up to the date of suit.

(2.) There was an appeal by the defendant to the subordinate Judge, 2nd Court, Alipore, and a cross objection by the plaintiff for damages from the date of suit to the date of recovery of possession. The lower appellate Court dismissed the appeal with costs and allowed the defendant's (plaintiff's?) cross objection. The defendant now appeals.

(3.) For the appellant three points were argued before me (1) that as the plaintiff had instituted a proceeding for fixing a standard rent before the Rent Controller before the date of the notice of ejectment and continued it after that and during the hearing of the suit, he had waived the notice; (2) that notice had not been properly served; and (3) that the provisions of Section 18 (5) of the latest West Bengal Premises Rent Control Act, 1950, are applicable to the case.