BISSESSWARLAL Vs. DONGARMAL SRIMAL

JUDGEMENT

(1.) This is a Rule against an order of a Judge of the Court of Small Causes, Calcutta passed on July 8, 1950 setting aside, on an application made under Section 18 (1) of the West Bengal Premises Rent Control Act, 1950, an order for possession passed under Chap. 7 of the Calcutta Small Cause Courts Act on March 13, 1950.

(2.) The proceeding originally began on July 6, 1948 when the Calcutta Rent Ordinance was in force.

(3.) The principal contention now put forward here is that Section 18 of the West Bengal Premises Rent Control Act 1950 had no application to the case as it was commenced under the Ordinance. I have already dealt with this contention in the case of 'Jethmul Sethia v. Aloke Ganguly', Civil Revn. Case No. 1059 of 1950. Under Section 12 of the West Bengal Premises Rent Control Act 1948, which came into force on the 1st of December 1948, opportunity was given for tenants, in pending cases, to catch up, as it were, in the matter of arrears, and therefore in my opinion if they failed to do so, arid an order for possession was passed against them after the Act of 1948 came into force, their case is one which comes within the terms of Section 18 (1) of the West Bengal Premises Rent Control Act 1950, viz., as being one where an order for recovery of possession has been made in default of payment of the arrears of rent under the provisions of West Bengal Premises Rent Control Act 1948. Therefore there is no substance in this contention.