GUPTA AND SONS Vs. SAMBHUNATH MUKHOPADHYAY

JUDGEMENT

(1.) This is an application in revision on behalf of the tenants judgment-debtors against an order of Sri K. M. Das learned Munsif, 1st Court, Asansol, dismissing their applications for relief under Section 18 (l), West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 (Act XVII [17] of 1950) as amended by Act LXII [62] of 1950.

(2.) The decree for ejectment was passed on 30th March 1950 on the ground of ipso facto determination of the tenancy under Section 18 (3) of Act XXXVIII [38] of 1948. Thereafter on 22nd April 1950 two of the judgment-debtors made an application for relief under Section 18 (l) of Act XVII [17] of 1950. This was rejected on 29th July 1950 in view of the decision in S.B. Trading Co. v. Satyendra Ch. Sen, 54 Cal. W. N. 756. Thereafter an application was made by the petitioner No. 4 judgment-debtor No. 4 for relief under Section 18 (l) of Act XVII [17] of 1950 on 29th November 1950. The Amending Act LXII [62] of 1950 came into force on 30th November 1950. Thereafter another application was made by petitioners Nos. 2-3 judgment-debtors Nos. 2-3 on 11th December 1950 under Section 6, Amending Act LXII [62] of 1950. Both the applications were dismissed by the order complained of.

(3.) Mr. Sen who appears for the petitioners has not pressed the case of petitioners Nos. 2-3 but has contended that the decree for ejectment should be vacated on the petition of petitioner No. 4, as the effect of the Amending Act is to give relief even in cases where the decree for jectment proceeded on the ground of ipso facto determination of the tenancy. This may be conceded.