P.B.MUKHARJI, J. - (1.) THIS is a suit by the plaintiff against the defendant for recovery of premises No. 7/3A, Gopal Chandra Lane, Calcutta, for the sum of Rs. 318.12 -0 as rent in arrears, profits at the rate of Rs. 3 -9 -0 per day from 1 -8 -1949 until possession and interest and costs. The suit was filed on 31.6 -1949. At the time when the suit was filed the West Bengal Premises Rent Control (Temporary Provisions) Act of 1948 was in force.
(2.) THE claim in the suit proceeds on the basis that the defendant was a monthly tenant in respect of the said premises at a rent of Rs. 106 -4 -0 per month. It is said that the defendant failed and neglected to pay or deposit rent of the said premises for, the months of May, June and July 1949, and, therefore, by reason of Section 12 (3) of Act of 1948 the tenancy came to an and ipso facto. The written statement in this suit was filed on 13 -12 -1949, and the main defence is that there was an agreement between the plaintiff and the defendant to excuse or waive the defaults on the ground of settling a higher rent.
(3.) MR . A. S. Huq learned counsel appearing for the defendant, raises the issue that the defendant is entitled to the relief under Section 18 (5), West Bengal Premises Rent Control (Temporary Provisions) Act of 1950.;