P.B.Mukherji, J. - (1.) This is a suit by the plff. for the recovery of possession of the first floor & the three rooms in the ground floor in premises No. 60, Harrison Road, Calcutta, in the occupation Calcutta 391 of the deft. Co. & for a decree for the sum of Rs. 3,400/- on account of arrears of rent & for mesne profits.
(2.) The plff's. case is that the deft. co. was a monthly tenant in respect of the said premises at a rent of Rs. 200/- per month commencing from the month of August 1943. On 16-9-1943 the deft. Company paid a sum of Rs. 200/- as advance payment of rent. On 15/16-1-1945 the plff. gave a notice to the deft. Company to quit & vacate the said premises on the expiry of the month of January 1945. The plff. claims Rs. 3,600/- out of which he has given credit for the advance payment of Rs. 200/- making a total claim of Rs. 3,400/- only being rent at Rs. 200/- per month from August 1943 to January 1945.
(3.) The deft, filed its written statement & has taken a number of points therein. In the first instance the deft. Company pleads that it was not a tenant but a licensee & secondly it pleads In para. 10 of the written statement that even if it is a tenant it is entitled to protection from ejectment under the provisions of the Calcutta House Rent Control Order, 1943.;