JYOTINDRA NATH MITRA Vs. SOURINDRANATH DUTTA

JUDGEMENT

(1.) THIS Rule was obtained by the tenant deft. against an order passed by the learned Subordinate Judge, 6th Ct. of Alipore, giving certain directions to the tenant deft. purporting to be under Section 14 (4), West Bengal Premises Rent Control (Temporary Provisions) Act, 1950.

(2.) THE facts briefly are as follows: The landlord opposite party instituted a suit for ejectment on the ground that he had terminated the tenancy by a valid notice to quit. He sought to remove the bar against obtaining a decree for ejectment provided by the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948, by asserting that he required the premises bona fide for his own use and occupation. In other words, he sought to remove the protection which the tenant was granted by the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948, against ejectment by relying upon proviso (f) of Section 11 of the aforesaid Act. The aforesaid Act was repealed by the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. After the Act of 1950 came into force the landlord made an appln. under Section 14 (4) of that Act praying that the tenant deft. should deposit month by month rent at the rate at which it was last paid and also arrears of rent within a certain time. The learned Subordinate Judge, gave effect to this appln. and the tenant has obtained this Rule against his order.

(3.) AGAIN it seems to us that Sub -section (4) of Section 14 cannot be limited to the suits described in Sub -section (1) because there are certain words used in Sub -section (4) which indicate a contrary meaning. We refer to the words ' and also the arrears of rent, if any,' The words ' if any ' would not have been used if Sub -section (4) were confined to suits described in Sub -section (1) because the suits mentioned in Sub -section. (1) are based on default of payment of rent. If there are no arrears of rent a suit of the kind mentioned in Sub -section (1) would not lie. Sub -section (4) contemplates suits where there may be no arrears at all. Thus Sub -section (4) relates to suits for ejectment where the tenant has not defaulted in payment of rent, that is to suits other than those of the type mentioned in Sub -section (1).