B.K. GHOSE Vs. DWIJENDRA CHUNDER GHOSE

JUDGEMENT

(1.) THIS is an appeal from a judgment and decree of Mitter J. decreeing the pltf.'s suit for delivery of possession of certain premises and recovery of Rs. 900 as arrears of rent and mesne profits.

(2.) THE pltfs. who are the respondents before us were the trustees of a deed of trust created by the late Sir Binod Mitter in respect of certain premises No. 8/1/3 London Street, Calcutta. These premises had been let by the trustees to deft. 1 in the suit Salim Ezra Darwish. The latter was a monthly tenant and the conditions of the said tenancy were, (1) that the monthly rent was to be paid in advance on or before the 2nd of every month for the current month ; and (2) that the tenant was allowed to sublet the premises for one year from July 1949. There was a provision that in case the rent was in arrear for any month the tenant would be liable to be ejected along with the sub -tenants, if any.

(3.) THE pltfs. alleged that deft. 1 had failed to pay the rent for three consecutive months, namely, for November and December 1949 and January 1950 and by the terms of the tenancy agreement between them, deft. 1 was in default of payment of rent for three consecutive months on January 3, 1950 as the rent for each month was payable on the 2nd of that month. The pltfs. contended that by reason of Section 12 (3), Rent Control Act, 1948, the tenancy of Darwish was ipso facto determined on January 3, 1950. The pltfs. further contended that on January 3, 1950 the sub -tenant's tenancy had also ipso facto determined, because the sub -tenant had defaulted in the payment of rent to Darwish for three consecutive months. That being so, the pltfs. contended that deft. 2, the sub -tenant, was not entitled to the protection of Section 11 (3) of the Rent Control Act and never became a statutory tenant. That being so it was said that the pltfs. were entitled to eject deft. 2.