CHANCHALA BALA DASI Vs. NANI BALA DASI

JUDGEMENT

(1.) The present suit for ejectment was instituted on October 20, 1946. On that date, the Bengal House Rent Control Order, 1942, was in force. It continued to be in force till September 30, 1946.

(2.) Section 10 of that Order provided for protection of a tenant from ejectment "so long as the tenant pays rent to the full extent "allowable by this Order and performs the conditions of the "tenancy." It was further provided that this protection will be refused to the tenant if (a) he does any act contrary to the provisions of Clause (m), Clause (o) or Clause (p) of Section 108 of the Transfer of Property Act, 1882, or (b) he is guilty of conduct which is a nuisance or an annoyance to adjoining or neighbouring occupiers, or (to) where the premises are bona fide required by the landlord for certain purposes.

(3.) To get round the provision of this protection the Plaintiff landlord pleaded that the tenant had not paid his rent in full. If the suit had come up for trial before September 30, 1946, the Plaintiff could not succeed unless he succeeded in proving this allegation of default on the part of the tenant. The learned Munsif held that this plea had not been proved.