PRAFULLA KUMAR DUTTA Vs. GUIRAM TAT

JUDGEMENT

(1.) THIS Rule arises out of a suit for ejectment filed on 7th May 1946. It was thus filed under the Calcutta House Rent Control Order, before the Calcutta Rent Ordinance came into force, and after the amendment by which Section 9A was inserted in that order on 19th May 1944, and also after the amendment by the insertion of Section 9B was made on 28th August 1945. The grounds for ejectment were (1) default; (ii) waste to the premises (under Section 9 -B and (iii)) khas possession (under Section 9C).

(2.) THE learned Munsif held that the suit is maintainable. The tenant defendant has obtain -ed this Rule against his order.

(3.) WE may quote Section 9A (1): 'No suit or proceeding by a landlord against a tenant in possession of a house for eviction of such tenant therefrom in which any of the grounds specified in 1. (c) of the proviso to sub -para. (1) of Para. 9 has been taken as a ground for such eviction shall be entertained by any Court, or, where any such suit or proceeding by a landlord is pending in any Court, on 22nd May 1944. no decree or order for the recovery of possession of the house in respect of which such suit or proceeding is pending shall be made by such Court on any of the grounds specified in the said cl. (c) unless the landlord has been permitted by the Controller by an order in writing under sub -para. (3) to institute such suit or proceeding or to prosecute the suit or proceeding so pending, as the case may be, and has produced before such Court proof that such permission has been granted.'