BHUSAN CHANDRA SAU Vs. KESHARI CHAND DAGA

JUDGEMENT

(1.) This appeal arises out of a decree for ejectment against the Defendant Appellant. The Defendant is a monthly tenant in respect of the premises. He defaulted in the payment of rent. The Plaintiff also required the premises for reasonable use and occupation.

(2.) When the appeal was pending in this Court, the West Bengal Premises Tenancy Ordinance VI of 1967 came into force. The tenant -Defendant applied for relief under the Ordinance of 1967 before this Court.

(3.) The said application was placed for hearing along with the appeal before the Hon'ble Mr. Justice A. C. Sen. In view of the fact that his Lordship found it difficult to agree with the decision reported in Amar Chandra Roy v/s. Susanta Kumar Sen. His Lordship referred the matter as well as the appeal to the Division Bench. At the hearing of the appeal both sides submitted that we may hear the application first before hearing the appeal. We, therefore, are at the present moment called upon to decide the application for the present.