ILA BASU Vs. NARAYANI BAZAZ

JUDGEMENT

(1.) This case raises the question of the proper interpretation of the word "not "terminable... at the option of the landlord" used in Sec. 5 of the West Bengal Premises Rent Control (Temporary Provisions) Act of 1950. The order which is challenged before us was passed under Sec. 14(4) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. The Defendant tenant raised the contention that the West Bengal Premises Rent Control (Temporary Provisions) Act of 1950 is not applicable at all to the present case in view of the provisions of Sec. 5 of that Act. Sec. 3 is in these words:

(2.) There is a proviso with which we are not concerned in this case.

(3.) Admittedly, the premises were leased in the present case on Aug. 10, 1951 and it was for a period of 30 years. The dispute is whether on a consideration of the terms of the lease we can properly say that this was a lease which was not terminable within the period of 30 years at the option of the landlord. The only provision as regards termination of the lease is to be found in the following provisions of the lease: