NARAYAN CHANDRA SAHA Vs. DEV ALL (P) LTD.

JUDGEMENT

(1.) This rule arises out of an application under Article 227 of the Constitution and is directed against an order dated August 18, 1972, passed by the Appellate Court of the Small Causes Calcutta. By that order the thika tenant's appeal against the order of the Thika Tenancy Controller, West Bengal dismissing his objection under Sec. 47 and Order 21 Rule 2 of the Code of Civil Procedure was dismissed. In 1965 the landlord opposite party' a company filed an application under Sec. 5 of the Calcutta Thika Tenancy Act, 1949 for ejection of its thika tenant Panchhanan Saha in respect of a parcel of land at 2431 A, Acharya Prafulla Chandra Road, Calcutta, the ground being sub -letting and default in payment of rent since Agra -hayan 1370 to Kartick 1371 B.S. at the rate of Rs. 55.11 P. inclusive of municipal taxes according to Bengali calendar month. This application registered as T..T. 42 of 1965 was allowed on May 18, 1966 by the following order:

(2.) The amount not being deposited on August 20, 1966 the Controller on the application of the landlord opposite party passed an order for issue of writ of possession directing that possession was to be delivered on September 5,1966. The bailiff being resisted the landlord applied for police help. The petitioner, it appears, filed an objection to the execution which was registered as Mis. Case No. 66 of 1966. This objection was dismissed on July 31, 1967. The tenant filed an appeal therefrom being T.T. Appeal No. 22 of 1967. The appeal as also the execution proceedings were stayed in view of the Calcutta Thika Tenancy Stay of Proceedings (Temporary Provisions) Ordinance 1967 followed by the Calcutta Thika Tenancy Stay of Proceedings (Temporary Provisions) Act 1968 (President's Act 3 of 1968). This Act was to be deemed to have come into force on the 26th August 1967 and was to remain in force up to and inclusive of the 25th day of September, 1968.

(3.) Thereafter the comprehensive amendment of the Act was brought in by the Calcutta Thika Tenancy (Second Amendment) Act, 1969 (West Bengal Act XXIX of 1969) which came into force on October 30, -1969. By that Act, a new Sec. 3 was substituted in place of the old Sec. 3 and the thika tenant thereby has been made liable to eviction on the following grounds and not otherwise as broadly stated below :