(1.) This appeal is by the plaintiff and it arises out of a suit for eviction, instituted while the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, was in force.
(2.) It is not disputed by either party that the present case is governed by the said statute. The ground, taken under that statute, was the ground of default under Section 12 (1) proviso (i).
(3.) The suit was decreed by the learned trial Judge after striking out the defence against ejectment under Section 14(4) of that Act.