PURAN CHAND BURMAN Vs. MD LATIFF

JUDGEMENT

(1.) This is an undefended suit for arrears of rent and for recovery of possession of premises No. 78, 78/1 and 78-2 Bentink Street, Calcutta, situate within the ordinary original jurisdiction of this Court.

(2.) The ground on which possession is asked for is that the defendants' interest in the premises stood ipso facto determined on the expiry of the month of October 1949 under the provisions of the West Bengal Rent Control (Temporary Provisions) Act, 1948.

(3.) It is stated in the plaint that since the month of August 1949 the defendants failed to pay any rent in respect of the premises, and that there is a sum of Rs. 728-7-0 due for arrears of rent up to October 1949. The plaintiff claims mesne profits from October 1949 on the ground that as the defendants' tenancy stood ipso facto determined by reason of three consecutive defaults in payment of the rent for the months of August, September and October, the defendants became trespassers, and, therefore, they have no right to retain possession.