SATYANARAIAN CHAMARIA Vs. SEWMURAT SHARMA

JUDGEMENT

(1.) This Rule was obtained by the plaintiff landlord and is directed against an order dated 17-6-1950 passed by Sri S. K. Roy learned Judge, 6th Bench of the Court of Small Causes, Calcutta.

(2.) The facts are as follows: The defendant opposite party was a tenant from month to month under the petitioner in respect of a shop-room on the ground floor of 32, Sir Hariram Goenka Street, Calcutta at a rent of Rs. 25/- per month. The petitioner instituted on 16-12-1949 a proceeding under Chapter VII of the Presidency Small Cause Courts Act, on the ground that the opposite party had defaulted in payment of rent for 3 consecutive months viz., December 1948, January 1949 and February 1949 and that the tenancy had ipso facto determined. The proceedings ended on 31-3-1950 in an ex parte order for possession.

(3.) The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 came into force on 31-3-1950. On 30-5-1950, the opposite party filed an application under Section 18(1) of the said 1950 Act. On 17-6-1950, the application was allowed by Sri S. K. Roy the learned Judge, 6th Bench. The petitioner moved this Court and obtained the present rule on 20-11-1950.