NITYANANDA KAPURIA Vs. PARBATI NATH DUTTA AND ORS.

JUDGEMENT

(1.) This is an appeal by an alleged sub-tenant against a judgment of the Special Bench of the Presidency Small Cause Court dismissing his appeal under section 47 of the Code of Civil Procedure. The undisputed facts which are material for the purpose of the present appeal may be shortly stated as follows :

(2.) The appellant claims that he is a sub-tenant in respect of room No. 6 of premises No. 13, Pageaputty Street, under respondent No. 8, Bharat Mills Agency Ltd., at a monthly rental of Rs. 85. Respondent No. 8, Bharat Mills Agency Ltd., was a tenant under the landlords, respondents Nos. 1 to 7, in respect of rooms Nos. 6, 30 and 31 at a monthly rental of Rs. 257-2-0. On March 13, 1952, the landlord respondents Nos. 1 to 7 obtained an ex parte decree for ejectment against their tenant Bharat Mills Agency Ltd., on the ground of default under clause (1) of the proviso to subsection (1) of section 12 of the West Bengal Premises Rent Control Act, 1950. The landlord respondents then put that decree into execution against their tenant and they also sought to eject the appellant in execution of that decree. The appellant thereupon filed an application under section 47 of the Code of Civil Procedure alleging that he had acquired the statutory right of a tenant directly under the landlord under sub-section (2) of section 13 of the Act of 1950.

(3.) The executing court came to the conclusion that the right claimed by the appellant could not be agitated in a proceeding under section 47 of the Code of Civil Procedure but must be determined by a declaratory suit.