APURBA KRISHNA Vs. SM. SUSHAMA GHOSH

JUDGEMENT

(1.) THIS is an appeal against a decree of the District Judge, Hooghly, affirming the decree of the Munsif, 1st Court, Hooghly in a suit for arrears of rent and ejectment.

(2.) THE premises forming the tenancy are two rooms on the ground floor of a house, the upper portion of which was occupied by the plaintiff. Notice to quit was given alleging bona fide requirement. Permission of the Controller was taken for bringing a suit Under Section 13, Calcutta Rent Ordinance, and both the lower Courts have found as a fact that the two rooms in question are bona fide required by the plaintiff. They have also found that there were arrears of rent due at the time of the suit and a decree has been given accordingly. The trial Court gave the defendant some option in the matter of payment of the arrears due, by which the date of delivery of possession might be postponed for a period.

(3.) UNDER the earlier Rent Control legislation where the Courts were given power to rescind, vary and modify the decrees passed prior to the particular legislative Act coming into force; it had been held that this was a power given to the trial Court and the appellate Court had no part in exercising the power. Under Section 18 of the latest Act, a specific provision has been made under Sub -section (5) for this Court in second appeal to take action in certain cases. Harping back to some decisions relating to Bengal Non -Agricultural Tenancies it was faintly urged that the present appeal is not covered by the provisions of Sub -section (5) of Section 18 but in my opinion the decisions relating to those other Acts serve no useful purpose in considering the terms of Section 18. Clause (5) runs thus: 'If at the date when this Act comes into force, a suit for ejectment of a tenant is pending whether in a trial Court or in a Court of first or second appeal in which no decree for ejectment would be passed except on the ground of default in payment of arrears of rent under the provisions of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948, the Court shall exercise the powers of granting relief against ejectment given by Section 14 of this Act following the provisions and procedure of that section as far as may be necessary, and for the said purpose shall make such order for amendment of pleadings, production of evidence, remand, payment of costs as may be necessary or just.'