Banerjee, J. - (1.) This is an appln. by the tenants claiming relief Under Section 6, West Bengal Premises Rent Control (Temporary Provisions) Amendment Act, 1950. That section is as follows: "Power of Court to rescind or vary decrees & orders in certain cases. Where at any time between the commencement of the said Act & of this Act, an order or decree for the recovery of possession of any premises has been made or passed by any Court but possession of such premises has not been recovered in execution of such order or decree & the Court is of opinion that the order or decree would not have been made or passed if this Act had been in force when the order or decree was made or passed, the Court may, on appln. by the tenant within sixty days of the commencement of this Act, rescind or vary the order or decree on such terms & conditions as it deems necessary for the purpose of giving effect to the provisions of Section 18 of the said Act as amended by this Act."
(2.) The "said Act" in the section is the "West Bengal Premises Rent Control Act, 1950.
(3.) The facts of this case appear from the judgment of P.B. Mukharji J., which is reported in S.B. Trading Co. Ltd. v. Satyendra Chandra, 86 C. L. J. 46. The pltf. filed the suit for ejectment, arrears of rent & mesne profits. His allegation in the plaint was that the defts. (tenants) had failed to pay or deposit in accordance with the provisions of the Act of 1948, rent payable by them in respect of the premises in question which had accrued due after the commencement of the Act of 1948 & as such their interest in the premises was ipso facto determined & they should no longer be deemed to be tenants. According to the pltf. the defts. were trespassers & liable to be ejected forthwith.;