HARRIES, J. - (1.) THESE are four appeals from decrees of Banerjee J. sitting on the Original Side of this Court, made on 12th May 1949 in ejectment suits. The plaintiff -respondent in each of these appeals purchased certain premises known as No. 30 Kali Krishna Tagore Street in the year 1938. These premises were let to a number of tenants - -including the four appellants. Notices to quit were served on each of the four appellants and on 14th January 1949 ejectment suits were filed by the plaintiff respondent against each of the four appellants. These suits were tried together by Banerjee J. sitting on the Original Side, as the facts were common to each case. The learned Judge eventually came to conclusion that the plaintiff was entitled to possession asa against each of the four defendants and accordingly made decrees for ejectment in each suit. It is from these four decrees of ejectment that the present appeals have been filed.
(2.) THE short point involved in each of these appeals is whether having regard to the terms of Section 11(1)(f). West Bengal Premises Kent Control (Temporary Provisions) Act, 1948, the plaintiff landlord was entitled to possession as against these tenants. As I have said earlier, the plaintiff who was a trustee under a trust deed, acquired these premises in 1938. It is to be observed that the plaintiff is also the chief beneficiary under this trust. According to the evidence, the premises were old and in the year 1939 before the War and long before these Rent Control Acts were thought of, the plaintiff applied to the Corporation of Calcutta for sanction to rebuild these premises and in the month of March 1939 the Corporation accorded a preliminary sanction to rebuild. In September 1939 the second World War broke out and it is not surprising to find that the plaintiff did not proceed with his intention to rebuild. However, he paid on 4th May 1942 an encroachment fee amounting to Rs. 5,500 which would entitle him to build certain projections to the proposed building which he otherwise could not have done, and sometime during the month of May the Corporation gave their final sanction to the rebuilding of these premises.
(3.) NOTHING however was done presumably owing to the War. On 27th March 1948, the Corporation of Calcutta issued a notice on the plaintiff and the occupiers drawing attention to the dangerous condition of this building and demanding that certain repairs should be done immediately, otherwise they would be done by the Corporation and charged to the plaintiff or the occupants.;