KRISHNA LAL MAZUMDAR Vs. MANINDRA NATH BANERJEE

JUDGEMENT

(1.) This is a petition from an order of a learned Judge of the Small Cause Court dis- missing an application by the tenant defendant for relief under Section 18 of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950.

(2.) A suit for possession was decreed on 25th November 1949. On 24th May 1950 an application was made under Section 18 of the Rent Control Act, 1950, for relief and by consent the amount of the outstanding arrears of rent etc. was fixed at Rs. 1952/11/3. The amount was deposited, but the landlord refused to accept the same and moved the High Court in revision against the order of the Court vacating the decree for possession upon deposit of the amount due. The revision application was allowed by this Court and the rule was made absolute. The result was that the tenant's application for relief under the 1950 Act stood rejected and the order for possession remained. This was the state of affairs, when on 4th December 1950, the application giving rise to these proceedings was made asking for relief under the 1950 Act as amended by the West Bengal Premises Rent Control Amendment Act, 1950.

(3.) Relief could be granted under that Act if the case fell either within the provisions of Section 5 or Section 6 of the Amending Act. Section 5 of the Amending Act deals with cases where applications under Section 18 (1) of the 1950 Act were pending when the Amending Act was passed and with suits which were pending when that Act was passed.