KRISHNA PROSAD BOSE Vs. SARAJUBALA DASSI

JUDGEMENT

(1.) This Reference arises out of a suit filed by a sub-tenant for a declaration of his right to become a direct tenant under the superior landlord under Section 13(2) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 and for an injunction restraining the landlord from interfering with his possession of the premises in suit.

(2.) The landlord, Saraju Bala Dassi let to the tenant, Suniti Devi, the ground-floor of premises No. 1/28, Prince Golam Mohammed Road. The landlord terminated the tenancy by a notice to quit with effect from the 1st of May, 1953 and thereafter instituted a suit for ejectment against the tenant and obtained a decree for ejectment against her on August 24, 1954. The plaintiff, Krishna Prosad Bose was no party to that suit. The plaintiff instituted the present suit on November 11, 1954. He claims that he has been a sub-tenant of a portion of the ground-floor of the premises under Suniti Devi. The plaintiff (sic) disputes the existence of the subtenancy. If the plaintiff ever became a sub-tenant, the date on which he became a sub-tenant is also in dispute. The munsiff decreed the suit. On appeal the subordinate Judge set aside the decree and dismissed the suit. The second appeal by the plaintiff to this Court was dismissed but leave to appeal under Clause 15 of the Letters Patent was granted. The questions debated before the Division Bench were inter alia whether the tenant had sublet a part of the premises to the plaintiff after her contractual tenancy had been terminated by a notice to quit and if so whether a statutory tenant could sub-let the premises, and whether the sub-tenant could claim the benefit of Section 13(2) of the West Bengal Rent Control (Temporary Provisions) Act, 1950. I will call this Act the 1950 Act. The arguments raised important questions of law and accordingly the Division Bench acting under chapter II, Rule I, proviso (ii) of the Appellate Side Rules referred the following questions to a Special Division Bench :

(3.) Shortly put the matter stands thus. The definition of "tenant" in Section 2(11) of the 1950 Act on its true interpretation includes a statutory tenant protected by the Act. There is nothing repugnant to this meaning in the subject or context of Section 13 of the Act. On a proper interpretation of Section 13 read with Section 2(11), a sub-letting by a statutory tenant is a sub-letting within the meaning of Section 13, and the sub-tenant is entitled to protection in cases coming under Sub-section (2) of Section 13.