S B TRADING CO LTD Vs. SHYAMLAL RAMCHANDRA
LAWS(CAL)-1951-4-17
HIGH COURT OF CALCUTTA
Decided on April 20,1951

S.B.TRADING CO.LTD. Appellant
VERSUS
SHYAMLAL RAMCHANDRA Respondents


Referred Judgements :-

BUNBURY V. FULLER [REFERRED TO]
JULIUS BLOCK V. LOUIS HIRSH [REFERRED TO]
REX V. LONDON TRIBUNAL [REFERRED TO]
REX V. LINCOLNSHIRE JUSTICES [REFERRED TO]
SEAFORD COURT ESTATE V. ASHER [REFERRED TO]
CHARANJIT LAL CHOWDHARY VS. UNION OF INDIA [REFERRED TO]



Cited Judgements :-

ASWINI KUMAR NATH VS. STATE OF WEST BENGAL [LAWS(CAL)-1952-1-15] [REFERRED TO]
ABDUL GHAFFAR VS. SAWAL RAM [LAWS(PAT)-1968-9-3] [REFERRED TO]
JAGADISH CHANDRA BOSE VS. BAIJNATH SHAW [LAWS(CAL)-1965-11-14] [REFERRED TO]
SAMPURAN SINGH VS. COMPETENT OFFICER [LAWS(P&H)-1955-5-10] [REFERRED TO]
RUSTOM E. MODY PARSI AND ORS. VS. STATE OF MADHYA BHARAT AND ANR. [LAWS(MPH)-1952-9-12] [REFERRED TO]
KALYANI DUTT VS. PRAMILA BALA DASSI [LAWS(CAL)-1971-9-27] [REFERRED]


JUDGEMENT

P.B.Mukharji, J. - (1.)The validity of the recent amendments of the Rent Act of 1950 under the Constitution & specially the interpretation of Section 18 (5) of that Statute as amended are the important questions of controversy in this suit.
(2.)The pltf. company instituted this suit on 17-12-1949, claiming ejectment of the deft. from room No. 209 on the ground floor of 57 Clive Street, Calcutta, now Netaji Sabhas Road, on the ground of ipso facto determination of deft's. tenancy under Section 12 (3), Rent Act of 1948 for the failure to pay or deposit three consecutive months' rent under that Act at the rate of Rs. 91 per month. These three months are Agrahayan Pous & Magh of the Bengali calendar year 1355 B.S. corresponding to the period from 17-11-1948, to 12-2-1949 in the English calendar. No notice to quit is pleaded in the plaint because under Section 12(3), Rent Act of 1948, it was provided that upon such failure to pay or deposit rent, the interest of the tenant was ''ipso facto determined". I will refer hereinafter to ipso facto determination as statutory forfeiture.
(3.)The defence raised in the written statement of the deft. is that rents of Agrahayan & Pous were duly sent to the pltf. by Money Order & the pltf. accepted the same & thereafter on pltf's. refusal, deposit was made regularly with the Rent Controller. In addition, the plea in the written statement is that by order of the 2nd Additional Rent Controller in Case No. 3500A of 1949 & dated 22-12-1949, the rent was reduced to Rs. 35 per month with effect from the month of October 1949. Deposit has been made at this reduced rate of Rs. 35 per month.


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