MOHIT KUMAR BOSE Vs. JAGAT MOHAN DUTTA

JUDGEMENT

(1.) This second appeal is directed against a concurrent decree for ejectment. Both the courts below have discussed the plaintiff's claim for ejectment on account of the tenant's default in payment of rent for over six consecutive months, namely, from Nov., 1948 to June 1949. The suit was brought on 10th Nov., 1949, and, in the plaint, two grounds were given for avoiding the bar of the Rent Control Act of 1948 (which was then in force), namely, bona fide requirement of the landlord for his own use and occupation under section 11 (i) (f) and ipso facto determination of the tenancy under section 12(3).

(2.) Eventually, however, the ground of bonafide requirement was negatived by the trial Court and it does not appear to have been pursued thereafter. I may also add that on the materials on record, that ground cannot be said to have been substantiated.

(3.) Ipso fact determination of the tenancy was found by the trial Court and that finding has been affirmed by the lower Appellate Court and, although, during the pendency of the suit in the trial Court, the Rent Control Act of 1950 (including the Amending Act LXII of 1950) came into force, the tenant defendant was held disentitled to the benefits of the new section 18(5) of that Act in view of the proviso to section 14(3) on account of default in the payment of rent from Nov., 1948, to June 1949 and a decree for ejectment was ultimately passed by both the Courts below. The propriety of the concurrent decision is; challenged in this appeal which the tenant defendant filed on 19th May, 1953.