PEACE HEAVEN Vs. MUST MOZZAMMEL KHATOON

JUDGEMENT

(1.) At the outset, learned Advocate for the respondents has raised a preliminary point regarding the maintainability of this appeal on the ground that since the lessees had not filed any appeal against the decree impugned, the appeal filed by the present appellant who was a sub-tenant, is not maintainable, decree having become final in the aforesaid situation.

(2.) Since we propose to dismiss the appeal on merits, we do not consider it worthwhile to go into the aforesaid preliminary point.

(3.) The point for consideration in this appeal is indeed very short. It is about the interpretation to be put upon the proviso to sub-section (2) of section 3 of the West Bengal Premises Tenancy Act 1956 with regard to the scope of the applicability of this proviso to leases for period exceeding 20 years and whether the protection of the Act is available to tenants in occupation of the premises under a lease for more than 20 years, in the light of the language employed in the proviso.