AMARENDRA KUMAR DUTTA Vs. SEFALI ROY CHOUDHURY

JUDGEMENT

(1.) This petition under Sec. 115 of the Code of Civil Procedure arises out of a suit which was filed as early as March 21, 1956, for ejectment of the, Defendant from the suit, premises. At that time West Bengal Rent Control Act of 1950 was in force. Subsequently while the suit was pending in the trial Court, the West Bengal Premises Tenancy Act, 1956, came into force. The latter Act gave a right to a sub -tenant who was introduced by the tenant without the consent of the landlord to make an application under Sec. 16(3) to be upgraded as a tenant. The Plaintiff who filed the suit was not the owner and the superior landlord. The Plaintiff was and still claims to be a tenant of the first degree. The Defendant was the sub -tenant but does not admit to be a sub -tenant now.

(2.) A proceeding was later started under Sec. 16(3) by the Defendant to up -grade himself into a tenant. That application finally was allowed on. February 23, 1957, and the Rent Controller decided that the Defendant would become a direct tenant of the superior landlord under the provisions of the West Bengal Premises Tenancy Act of 1956. Thereafter the Plaintiff who was the tenant and -still claims to be the tenant notwithstanding the order under Sec. 16(3) of the West Bengal Premises Tenancy Act, 1956, applied for striking out the defence under Sec. 14(4) of the Rent Control Act, 1950. By an order of this Court in Civil Revision Gases Nos. 2741 of 1962 and 3142 of 1962, P.B. Mukharji, J. by consent of the parties directed as follows:

(3.) But the trial Court could not hear the suit either within March 1, 1965, or up till now. The matter came to this Court again on March 15, 1966, and I directed in Civil Revision Case No. 3863 of 1965 as follows: