DILIP NARAYAN ROY CHOWDHURY Vs. AMARENDR KUMAR DUTTA

JUDGEMENT

(1.) CIVIL Revision Case No. 3550 of 1957 arises out of an application under Article 227 of the Constitution and is directed against an appellate order reversing an order made by a Rent Controller in exercise of his powers under Section 16 (3) of the West Bengal Premises Tenancy Act. 1956. Civil Revision Case No. 3652 of 1956 arises out of an application under Section 115 of the Code Civil Procedure and is directed against two orders passed by a learned Munsif, by one of which he refused to vacate an order passed against a tenant under Section 14 (4) of the West Bengal Premises Rent Control (Temporary Provisions) Act of 1950, and by the other struck off the tenant-defendant's defense against eviction. The circumstances giving rise to the two applications for revision are herein below stated.

(2.) JAGABANDHU Saha, who is the opposite Party No. 2 in Civil Revision Case No. 3550 of 1957 is the owner of the premises No. 17/1e, Gopal Nagore Road, P. S. Alipore, Calcutta. Amarendra Kumar Dutta, Opposite Party No. 1 in both the Rules, is the monthly tenant in the aforesaid premises, paying a rent of Rs. 110!- per month. In the month of March, 1955, Dilip Narayan Roy Choudhury, the petitioner in both the Rules, was inducted as a sub-tenant in the ground floor of the said premises, at a monthly rent of Rs. 75/-, payable according to the English Calendar.

(3.) ON March 21, 1956, Amarendra, the Opposite Party No. 1 and himself a tenant of the first degree, instituted a suit against the petitioner, being Title Suit No. 188 of 1956 of the Court of the Second Additional Munsif at Alipore, inter alia, claiming eviction of the petitioner from the portion let out to him on the ground of default in payment of rent and further claiming recovery of certain arrears of rent.