- (1.) This is a suit for ejectment and for rent and mesne profits.
(2.) There is no dispute between the parties that the Plaintiff and the Defendant stood in the relation of landlord and tenant to each other.
(3.) It appears that the premises in question were used as a brothel. Upon that, the Commissioner of Police, Calcutta, took proceedings under Section 6 of the Bengal Suppression of Immoral Traffic Act (Bengal Act VI of 1933). It is necessary that some of the provisions of this section should be set out. 6. (1) If the Commissioner of Police or Superintendent of Police receive information that any house, room or place-- (a) is being used as a brothel or disorderly house, or for the purpose of carrying on prostitution, in the vicinity of any educational institution or of any boarding house, hostel or mess used or occupied by students, or of any place of public worship or recreation, or (b) is used as, or for the purpose, aforesaid to the annoyance of the inhabitants of the vicinity, or (c).. .. .. .. (d).. .. .. .. he may cause a notice to be served on the owner, lessor, manager, lessee, tenant or occupier of the house, room or place or all of them, to appear before him, either in person or by agent, on a date to be fixed in such notice and to show cause why, on the grounds to be stated in the notice, an order should not be made for the discontinuance of such use of such house, room or place. (2) If, on the date fixed, or on any subsequent date to which the hearing may be adjourned, the Commissioner is satisfied after making such enquiry as he thinks fit, that the house, room or place is used as described in Clauses (a), (6), (e) or (d) of Sub-section (1), as the case may be, he may direct by order in writing to be served on such owner, lessor, manager, lessee, tenant or occupier, that the use as so described of the house, room or place be discontinued from a date not less than 15 days from the date of the said order and be not thereafter resumed. (3) No house, room or place, concerning which an order has been made under Sub-section (2), shall again be used, or be allowed to be used, in any manner described in Clauses (a), (6), (c) or (d) of Sub-section (1), as the case may be and the Commissioner of Police if he is satisfied, that such house, room or place is again used in such manner, may by order in writing to be served on the owner, lessor, manager, lessee, tenant or occupier of such house, room or place, direct that the use as so described of such house, room or place be discontinued within a period of eleven days and be not thereafter resumed. (4) For the purposes of this section the decision of the Commissioner of Police that a house, room or place is used in any manner, or for any purpose, described in Clauses (a), (6), (c) or (d) of Sub-section (1) shall be final and the legality or propriety thereof shall not be questioned in any trial or judicial proceeding in any court. (5) Whoever, after an order has been made by the Commissioner of Police under Sub-section (2) or Sub-section (3) in respect of any house, room or place uses, or allows to be used, such house, room or place in a manner which contravenes such order after the period stated therein, shall be punished with fine (8) Notwithstanding anything contained in any other law for the time being in force, the owner or lessor of any house, room or place, in respect of which an order has been made on the lessee, tenant or occupier thereof directing the discontinuance of the use thereof as a brothel or disorderly houses or for the purpose of carrying on prostitution, or as a common place of assignation, shall be entitled forthwith to determine such lease, tenancy or occupation.;