INDRAMONI DASI, TENANT Vs. SNEHALATA DUTT, LANDLORD

JUDGEMENT

(1.) This Rule raises an interesting question. The Rule arises out of a proceeding for ejectment of a thika tenant under section 5 of the Calcutta Thika Tenancy Act. That proceeding started before the Controller on Dec. 14, 1951. It was hotly contested and, eventually, it terminated in an order of ejectment which was made by the Controller on March 16, 1953, subject to the usual statutory conditions. The tenant appealed-the appeal was actually filed on April 25, 1953 but he failed to get any relief from the learned Appellate Judge, who dismissed the appeal and confirmed the Controller's order on Feb. 27, 1954.

(2.) The tenant then moved this Court and obtained the present Rule on April 26, 1954.

(3.) In their application before the Controller the landlords put forward two grounds for ejectment under the Thika Tenancy Act, viz., (i) expiry of the period as term of the lease (vide section 3, Clause (vi), and (ii) bona fide requirement for their own use and occupation [vide section 3, clause (iv)]. They failed on the first ground, but succeeded on the second. There was also the necessary allegation of a valid three months notice to quit which was accepted by both the Controller and the learned Appellate Judge.