ALLIANCE JUTE MILLS Vs. ALLIANCE MILLS LESSEES P LTD

JUDGEMENT

(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 :

(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 :

(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 :