- (1.) This case raises the question of the proper interpretation of the word "not "terminable... at the option of the landlord" used in Section 5 of the West Bengal Premises Rent Control (Temporary Provisions) Act of 1950. The order which is challenged before us was passed under Section 14(4) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. The Defendant tenant raised the contention that the West Bengal Premises Rent Control (Temporary Provisions) Act of 1950 is not applicable at all to the present case in view of the provisions of Section 5 of that Act. Section 3 is in these words: "Nothing in this Act shall apply to a lease of any premises entered into after the 1st day of December 1941, for a period of not less than fifteen years which is not terminable within the said period at the option of the landlord."
(2.) There is a proviso with which we are not concerned in this case.
(3.) Admittedly, the premises were leased in the present case on August 10, 1951 and it was for a period of 30 years. The dispute is whether on a consideration of the terms of the lease we can properly say that this was a lease which was not terminable within the period of 30 years at the option of the landlord. The only provision as regards termination of the lease is to be found in the following provisions of the lease: "If the said rent hereby reserved or any part thereof shall be unpaid for the period of three months after the same shall have become due whether lawfully demanded or not or if default shall be made in performance or observance of any of the covenants, conditions and agreements on the part of the lessee herein contained then and in any such case it shall be lawful for the lessor or any person or persons duly authorised by her in that behalf into and upon the said demised premises or any part thereof in the name of the whole to re-enter and to have the same re-possessed and enjoyed notwithstanding anything herein contained and thereupon the terms hereby created shall cease without prejudice to any right of action or remedy of the lessor in respect of any antecedent breach of any of the covenants by the lessee hereinbefore contained.";