MAHADEO PRASAD Vs. SULEKHA SARKAR

JUDGEMENT

(1.) The appellant was a monthly tenant under the respondent landlady in respect of what may be called the garage room at premises No. 171-A Lansdowne Road, Calcutta, at a rental of Rs. 18/- per month. The tenancy was terminated by a notice to quit under Section 111(h), Transfer of Property Act on and from the 1-5-1949 and the tenant having failed to vacate the room in question in terms of the said notice, the present suit for ejectment was filed on the 7-6-1949.

(2.) In the plaint there was a specific allegation that the disputed room was required by the plaintiff landlady bona fide for her own use and occupation, namely, as a garage for her car and, upon such allegation, it was pleaded that the Rent Control Act of 1948 which was then in force would not stand in the way of her getting of a decree for ejectment.

(3.) The defence denied the truth of the plaintiff's allegation and claimed protection under the Rent Control law.