MOHINI DEVI BAJORIA Vs. JUIDEYEE DEVI

JUDGEMENT

(1.) This is a Rule on an application under Section 115 of the Code of Civil Procedure and Article 227 of the Constitution of India made at the instance of the Petitioners who were tenants-Defendants in an ejectment suit being Suit No. 4016 of 1947 of the Court of Small Causes at Calcutta. The suit was instituted by the Plaintiff opposite party against one Madanlal Bajoria, predecessor-in-interest of the Petitioners in this Court on August 21, 1947. When the suit was instituted, the Calcutta Rent Control Ordinance of 1946 was in force, and a tenant was entitled to get protection under the provisions of the said Ordinance in certain circumstances against ejectment proceedings to be started against him by his landlord.

(2.) As soon as the above mentioned suit became ready for bearing the Defendant obtained a stay order from this Court passed in its Original Side in Suit No. 879 of 1948. This suit was instituted by the tenant-Defendant Madanlal Bajoria against the opposite party in this Rule, viz. his landlord, the Plaintiff in the said Small Causes Court suit by an order of the High Court passed in its Original Jurisdiction. The ejectment Suit No. 4016 of 1947 instituted by the opposite party in the Court of Small Causes, Calcutta, was stayed indefinitely. During this time the Calcutta Kent Control Ordinance, 1946, as extended by the West Bengal Expiring Laws Act, 1948, was repealed by the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948, with effect from December 1, 1948. It was provided in this temporary Act of 1948 by Section 1, Sub-section (4) thereof that it was to remain in force up to March 31, 1950, in the first instance but it was liable to be continued by resolution to be passed by the State Legislature but in any event it would not continue to be in force after March 31, 1953. This temporary Act of 1948 was not continued till the last day of its expiry and in fact it was repealed by another Temporary Act of 1950, viz., The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, which came into force on March 31, 1950. When the above stay order was vacated in consequence of the dismissal of the High Court suit instituted by the Defendant in the ejectment suit which was by the order of the High Court stayed and which remained pending in the Small Causes Court. The Act of 1950 came into force by which certain reliefs were given to a tenant against the freedom of a landlord to start ejectment proceedings against him.

(3.) Both the parties took up the accepted position that the procedure to be adopted in this suit should he on the basis of 1948 Act in accordance with Section 45, Sub-section (2) of 1948 Act the relevant portion of which is quoted below: