SHIBA PRASAD MUKHERJEE Vs. DHIRENDRA CHANDRA MUKHERJEE
LAWS(CAL)-1960-8-30
HIGH COURT OF CALCUTTA
Decided on August 23,1960

SHIBA PRASAD MUKHERJEE Appellant
VERSUS
Dhirendra Chandra Mukherjee Respondents

JUDGEMENT

- (1.) One Golap Basini Debi, -owner of premises No. 3, Lansdowne Road, Calcutta, instituted a suit for eviction of the tenant Defendants, a public school and the secretary of its governing body, in a representative capacity. Later on, the members of the governing body were also added as Defendants. The suit was filed on July 12, 1949, when the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948 was in operation. Golap Basini is now dead and her heirs have been substituted in her place.
(2.) It was alleged in the plaint that the Defendants were habitual defaulters and had not paid or deposited rent for the months of October, 1946, to December, 1948. In para. 4 of the plaint it was further alleged as follows: That the said Defendant has further failed to pay or deposit the rent for three consecutive months, which accrued due after the commencement of the aforesaid Act, for December, 1948 and January and February, 1949. That on failure of the Defendant to pay or deposit the rent for three consecutive months by the 1st March 1949, the interest of the said Defendant in the aforesaid premises has been ipso facto determined and the Defendant is no longer a tenant under the Plaintiff in respect of the premises in suit.
(3.) During the pendency of the suit before the trial court the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 came into operation on March 31, 1950. Thereafter, on February 27, 1952 the Plaintiff filed an application under Section 14(4) of the Act of 1950 for1 an order on the tenant Defendant to deposit the arrears and the current rent month by month. The trial court determined that a sum of Rs. 2,925 was m arrear as rent up to May, 1952. The tenant-Defendant was directed to deposit the arrears of rent within 15 days of the date of the order and also to pay current rent at the rate of Rs. 45 per month from June, 1952 onwards. This order, dated June, 3, 1952, was complied with by the Defendant.;


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