BABULAL LAKSHMICHAND Vs. JIVRAJ LAKSHMI THAKAR

JUDGEMENT

(1.) This is a Rule against an order passed in appeal by the Special Bench, Calcutta Court of Small Causes, on Jan. 18, 1951, setting aside an order of a Judge of that court passed on June 24, 1950, as a result of an application made under section 18(1) of the West Bengal Premises Rent Control Act, 1950, and allowing the application.

(2.) The proceedings under Chapter VII of the Calcutta Small Cause Courts Act were instituted on Aug. 30, 1949, that is to say, under the provisions of the West Bengal Premises Kent Control Act, 1948. On Feb. 7, 1950, an ex parte order was passed in the landlord's favour.

(3.) On March 31, 1950, the West Bengal Premises Rent Control Act XVII of 1950 came into force, and on April 17, 1950, the tenant made an application under section 18(1) of that Act which was allowed by the trial Judge on June 24, 1950, after the tenant had deposited the arrears of rent with interest and costs as required by the provisions of section 18(2) of the Act. The tenant was in default under the provisions of section 12(3) of the Act of 1948 and had thereby ipso facto ceased to be a tenant. Therefore, at the date when the learned trial Judge passed the order on June 24, setting aside the decree in the suit, his order was not in accordance with the decision of this Court in the case of Sm. Nandarani Dassi Vs. Satyanarayan Harit, 54 CWN 735 ).