Chunder, J. - (1.) This is an appeal against an appellate decree of the Subordinate Judge of 24-Parganas, reversing that of the Munsif, First Court, Alipore. As found by the Courts below, the plaintiffs are the superior landlords of the land. They conferred a tenancy with ordinary Chandina right in 1325 B.S., on defendant No. 1. There can, therefore, be no contest now that defendant No. 1 was the holder of a non-agricultural tenancy which was created after the Transfer of Property Act, 1882, and he had been such holder for a continuous period of more than 12 years. Defendant No. 1 did not contest and we are no longer concerned with him. The result might have been different if he had contested.
(2.) Defendant No. 2 is the under-tenant. He claims that in view of section 88 of the West Bengal Non-Agricultural Tenancy Act, sections 7|6 apply to his case and he has got protection under the Act and therefore no permanent injunction can be granted against him.
(3.) Mr. Bakshi's contention is that section 88 has no application. It only applies to suits or appeals in ejectment. The suit was in 1947 and the Act came into force in 1949. Hence a question of section 88. This will be a construction against the wording of the Act itself. The Act itself will seem to show that it applies to all suits, all appeals and to all proceedings between a landlord and a non-agricultural tenant and such proceedings may include proceedings in execution for ejectment. The object of the Act as explained in the preamble is to make better provision relating to the law in respect of certain non-agricultural tenancies in West Bengal. It is not merely an Act for regulating ejectment and incidental proceedings therewith. It deals with the general law on the subject as far as it goes.;