AJAYANANDA PAUL Vs. INDIAN HOMOEOPATHIC MEDICAL ASSOCIATION

JUDGEMENT

(1.) This is a suit instituted on the 15th day of September, 1949, against the defendant for the recovery of possession of premises No. 63, Upper Circular Road, Calcutta, and for certain other reliefs by way of arrears of rent and mesne profits. The suit was originally instituted by one Kanai Lal Paul against the Indian Homoeopathic Medical Association which is a society registered under Societies Registration Act. The case of the plaintiff was that the defendant was a monthly tenant of premises No. 63, Upper Circular Road at a monthly rent of Rs. 178/4/6 inclusive of taxes from December, 1948, which was increased to Rs. 326/9/-by an order of the Chief Judge of the Small Cause Court, Calcutta.

(2.) The cause of action pleaded in the plaint for eviction is ipso-facto determination of this tenancy under Section 12(3) of the West Bengal Premises Rent Control Act, 1948. In order to appreciate the point of ipso-facto determination in this case it is necessary to set out the fact of increase of rent made by the Additional Rent Controller and thereafter by the Chief Judge of the Small Cause Court. By an order of the 30th November, 1948, the Additional Rent Controller increased the rent to Rs. 196.00 per month with effect from August, 1948. There was an appeal by the landlord against that order to the Chief Judge of the Small Cause Court, Calcutta, The Chief Judge by his order, dated the 19th April, 1949, increased the rent still further and standardised it at Rs. 275.00 per month with effect from August, 1948 and Rs. 326/9.00 per month with effect from December 1948. The main and only cause of complaint of the plaintiff is that the defendant failed to pay rent at the increased rate ordered by the Chief Judge.

(3.) The plaintiff's case is that a sum of Rs. 979/11/- became due as arrears of rent for three consecutive months of April, May and June, 1949 by reason of the order of the Chief Judge increasing the rent. The plaintiff on the 13th September, 1949, through his solicitors gave notice to the defendant to vacate forthwith as the tenancy had been determined ipso-facto by reason of the defendant's failure to pay or deposit rent for three consecutive months in accordance with the provisions of the West Bengal Premises Rent Control Act, 1948.