RADHA BALLAV PODDAR Vs. MOTILAL CHANDA SARKAR

JUDGEMENT

(1.) This is an appeal against a decree of the Subordinate Judge 6th Court at Alipore, reversing a decree of the Munsif, First Additional Court of Alipore, in an ejectment suit.

(2.) The trial Court decreed the suit. The lower appellate Court reversed the decision, acting on its view of the effect of the West Bengal Premises Rent Control (Amendment) Act LXII [62] of 1950. I may say at once that in my opinion the decision of the lower appellate Court is correct although the reasons on which the decision is based are quite unsound.

(3.) The suit was instituted on 29-7-1949, before the West Bengal Premises Rent Control Act XVII [17] of 1950 came into force. During the pendency of the suit on 31-3-1950, the West Bengal Premises Rent Control Act XVII [17] of 1950 came into force. The ground of eviction was that the tenant was an ipso facto defaulter under Section 12 (3) of the Act of 1948.