INDIA STEAMSHIP CO LTD Vs. P SINGH

JUDGEMENT

(1.) This appeal raises a pure question of law, viz., whether an assignee of a landlord who has purchased the landlord's interest during the pendency of an ejectment suit without purchasing the arrears of rent which had accrued during the time of the vendor can carry on for his own benefit an application under Section 14(4) of the West Bengal Premises Rent Control Act, 1950 started by the original landlord.

(2.) In order to appreciate how this question of law has arisen in the present case I need state the following facts about which there is practically no controversy.

(3.) One Rachael Sasoon and four other persons who are trustees of the estate of late Moise Abraham Sasoon instituted an ejectment suit in the Fourth Bench of the Court of Small Causes. Calcutta against one P. Singh, respondent of this appeal in respect of one room on the first floor of premises No. 21 Old Court House Street. Calcutta. The suit was instituted on 6th July 1953 on the ground that the tenant was a defaulter and was liable to be ejected. The defendant entered appearance and contested the suit taking a defence against the prayer of the plaintiffs for ejectment.