H. TAYLOR AND ORS. Vs. HIRALALL ROY CHOWDHURY
LAWS(CAL)-1960-12-15
HIGH COURT OF CALCUTTA
Decided on December 13,1960

H. Taylor And Ors. Appellant
VERSUS
Hiralall Roy Chowdhury Respondents

JUDGEMENT

Banerjee, J. - (1.) There is a short point which calls for our decision in this appeal. The respondent landlord sued the tenants appellants for eviction on the ground of default made in payment of rent. While the case was pending before the trial court, the tenants failed to comply with an order under section 14(4) of the West Bengal Premises Rent Control (Temporary Provisions) Act of 1950. The result was that the trial court ordered that the tenants' defence against ejectment be struck out and that the tenants be placed in the same position as if they had not defended the claim to ejectment. Thereafter, the trial court decreed the suit exparte. The defendants tenants were directed to vacate the premises within one month from the date of the decree; in default, the plaintiff was given liberty to recover possession in execution of the decree.
(2.) The tenants defendants appealed to the lower appellate court. The court of appeal below directed the tenants defendants to deposit the rent, which had fallen in arrears at that stage. The tenants did not pay. The result was that the lower appellate court exercised its powers under section 14(5) of the West Bengal Premises Rent Control (Temporary Provisions) Act and passed the following order:- "That the memorandum of appeal is struck off and the appeal is dismissed with costs to the plaintiff-respondent for non-compliance with the court's order under section 14(5) read with section 14(4)of Rent Act of 1950."
(3.) The aforesaid order is being disputed before us at the instance of the defendants appellants.;


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