SHIBARAM ADITYA Vs. MINOR SUBODH KUMAR DAS

JUDGEMENT

(1.) This rule was obtained by the landlord and is directed against an order dated 19-6-1950 and passed by Sri S. C. Biswas learned Judge 3rd Bench of the Court of Small Causes, Calcutta.

(2.) The facts are as follows: In July 1948, while Rent Ordinance V of 1946, was in force, the petitioner initiated proceedings under Chap. VI of the Presidency Small Cause Courts Act inter alia on the allegation that rent of the tenancy held by the opposite party was in arrears for 17 months, and that permission was duly taken from the Rent Controller. The West Bengal Premises Rent Control (Temporary Provisions) Act, 1948 came into force on 1-12-1948). On 1-6-1949 an order for possession was made by the trial Judge. The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 came into force on 31-3-1950. Thereafter on 21-4-1950, the opposite party filed an application under Section 18 (1) of the 1950 Act. On 19-6-1950, the learned Judge 3rd Bench vacated the order for possession and accepted the deposit made by the opposite party as sufficient and valid. It is the propriety of this order which is challenged in this revision case.

(3.) Mr. Gupta learned counsel for the petitioner has not disputed that the expression 'decree for possession' in Section 18 (1) includes an order for possession under Chapter VII of the Presidency Small Cause Courts Act.