MADHO PROSAD SUKUL Vs. GANGARAM SARAOGI

JUDGEMENT

(1.) This second appeal is by the Defendant and it arises out of a suit for eviction on the ground that the Defendant, who was the tenant in respect of the disputed premises under the Plaintiff, was liable to ejectment as his tenancy had been validly terminated by an appropriate notice of ejectment.

(2.) The suit apparently was brought under the general law, namely, the Transfer of Property Act, as at the date of its institution there was no special tenancy legislation operating in the area in which the disputed property was situate. The property is at Purulia, which was originally a part of Bihar but thereafter transferred to this State. The suit was instituted on December 6, 1959. By that Unreported judgment of Banerjee, J. in Matter No. 226 of 1962 time the disputed property had become part of West Bengal and, accordingly, the special Rent Control legislation of the Bihar State had ceased to apply. The West Bengal Premises Tenancy Act, 1956, also, which was in force in West Bengal, generally speaking had not been extended till then to Purulia and, in the circumstances, there was full justification on the part of the Plaintiff for filing the suit and claiming a decree for ejectment under the general law, namely, the Transfer of Property Act.

(3.) While, however, the suit was pending before the learned Munsif, on October 1, 1960, the West Bengal Premises Tenancy Act, 1956, was extended to Purulia. The learned Munsif decided the suit and delivered judgment on December 23, 1960. But although the above special legislation had been extended to Purulia in the meantime, as stated above, neither the lawyers nor the Court appear to have taken note of it in the trial Court. The learned Munsif decreed the Plaintiff's suit, and against this decree an appeal was taken by the Defendant to the lower Appellate Court, which was eventually heard by the learned Subordinate Judge, Purulia, who by his judgment dated December 9, 1961, dismissed the Defendant's appeal. Hence this second appeal by the Defendant Appellant.