- (1.) THIS is an application in the Title Suit no. 40 of 1976 filed before the Court of 9th Subordinate Judge at Alipore. This suit has been transferred to this court. This application is by the lessee, defendant. The suit is by the lessor, plaintiff for ejectment on the ground that there has been forfeiture of lease for breach of the terms of the lease and the suit is for possession. The defendant has made this application contending that the suit is not maintainable under the west Bengal Premises Tenancy Act, 1956. The short point, therefore, is whether the suit, is framed, is under the west Bengal Premises Tenancy Act, 1956. It cannot be disputed, if the suit is under the West Bengal Premises tenancy Act, 1956 then the suit, as framed, is not maintainable in view of the provisions of the said Act. In order to adjudge this question whether the suit is maintainable or not, it is necessary to refer to certain relevant provisions and certain notifications. Under sub-section (3) of Section 1, the West Bengal premises Tenancy Act, 1956 extends to the whole of Calcutta. The said sub-section reads as follows : "3) It extends to the whole of Calcutta and to all areas which have been or may hereafter be constituted municipalities under the provisions of the Bengal Municipal Act, 1932 : provided that the State Government may, by notification, extend this Act or any part thereof to any other area specified in the notification, or may, by notification, exclude any area from the operation of this act or any specified part thereof : provided further that this Act shall not apply- (a) to any premises belonging to any local authority, (b) to any premises belonging to or requisitioned by Government, or (c) to any tenancy created by government in respect of any premises taken on lease by government. Explanation-For the purpose of this section, expression 'local authority' shall include the Board called the Trustees for the improvement of Calcutta, referred to in section 3 of the Calcutta Improvement Act, 1911, as well as any body corporate or authority that may hereafter be constituted under any law for the time being in force for the improvement of any municipality, town or cantonment. "
(2.) IT is also necessary in this connection, in view of the contentions raised to refer to the definition of 'premises' in clause (f) of Sec. 2 of the Act, which reads as follows : " (f) premises means any building or part of a building or any hut or part of a hut let separately and includes- (i) the gardens, grounds and outhouses, if any, appertaining thereto, (ii) any furniture supplied or any fittings of fixtures affixed for the use of the tenant in such building or part of a building or hut or part of a hut, but does not include a room in a hotel or a lodging house;" section 3 of the Act is as follows : "3, Certain provisions of the Act not to apply to certain leases (1) The provisions relating to rent and the provisions of sections 31 and 36 shall apply to any premises held under a lease for residential purpose of the lessee himself and registered under the Indian Registration Act. 1908, where (a) such lease has been entered into on or after the 1st December, 1948, and (b) such lease is for a period of not more than 20 years, and save as aforesaid nothing in this act shall apply to any premises held under a lease for a period of not less than 15 years. (2) Notwithstanding anything to the contrary contained in sub-section (1) but subject to sub-section (3) of section 1, this Act shall apply to all premises held under a lease which has been entered into after the commencement of the West bengal Premises Tenancy (Amendment) Ordinance, 1965 : provided that if any such lease is for a period of not less than 20 years and the period limited by such lease is not expressed to be terminable before its expiration at the option either of the landlord or of the tenant, nothing in this Act, other than the provisions relating to rent and the provisions of section 31 and 36 shall apply to any premises held under such lease. "
(3.) PURSUANT to the power given under sub-section (3) of Section 1, on 11th February, 1970 a notification was issued excluding the area with which I am concerned in this application. The said notification reads as follows : "government of West Bengal land and Land Revenue Department (Land Revenue)Notification 24-Parganas No. 1944- L. R.-11th february, 1970-In exercise of the power conferred by the first proviso to sub-section (3) of Section 1 of the West Bengal Premises Tenancy act, 1956 (West Bengal Act XII of 1956), the Government is hereby pleased to exclude the area specified in the Schedule below from the operation of the said Act; the Schedule the area where the South Mill of Messrs. Alliance Jute Mills Co. Ltd. is situate comprising of C. S. Plots Nos. 201, 202, 203, 204, 2/2/248, 205, 207, 208, 209, 206, 206/883, 210; 211, 211/249, 212, 215 and 282 in mouza Jagatdal, Jurisdiction list no. 13 police station Jagatdal, district 24-Parganas. By Order of the Governor s. Mullick. Secretary to the Government of west Bengal. ";