R DORAISWAMI Vs. MADHABILATA GHOSH

JUDGEMENT

(1.) These applications, are under Article 227: of the Constitution and relate to Section 16 of the West Bengal Premises Tenancy Act of 1956.

(2.) The Petitioner before me is the tenant. The opposite party No. 1 is the landlord and the opposite party No. 2 is the subtenant. The applications were filed on or about August 27, 1956 by the landlady opposite party No. 1 before the Rent Controller for a declaration that the tenancy of the Petitioner-tenant had ceased and the sub-tenant, opposite party No. 2, had become a direct tenant of the landlord, opposite party No. 1. The applications were opposed by the Petitioner tenant on the ground that the notice was not legal, valid and sufficient and further the sub tenancy had been created with the written consent of the then landlord, S.C. Ghosh. On February 26, 1958, the Bent Controller dismissed the applications on the ground that the notice, under Section 16(5) of the Act was defective and not valid in, law. Against that the landlady, opposite" party No. 1, filed an appeal. The appellate authority allowed the appeal. There was a cross-objection filed by the Petitioner but that was dismissed. Against them the present petitions have been filed.

(3.) The West (Bengal Premises Tenancy Act of 1956 came into force on March 30, 1956. On June 26, 1956, a notice purporting to be under Section 16(2) was issued by the sub-ten ant to the landlord. No notice was given by the tenant to the landlady. This notice appears to have been received by the landlord on June 30, 1956. The present applications were filed "on or about August 27, 1956.