on september 15 1949 the appellant flied a title suit number 171 of 1949 in the companyrt of the 1 st subordinate judge alipore 24 parganas against respondent number2 for his eviction on the ground that the tenancy had been determined on account of default in payment of rent.
one of the conditions of the lease was that the tenant will number sub let the premises or any portion thereof.
as respondent number 2 defaulted in the payment of rent the appellant made an application under s. 14 of the calcutta rent ordinance 1946 for permission to sue him for eviction.
alipore.
the suit was eventually decreed in favour of the appellant on february 25 1951.
appeal by special leave from the judgment and decree dated june 2 1959 of the calcutta high companyrt in appeal from appellate decree number 536 of 1964.
the application was granted by the second additional rent companytroller on september 10 1948.
the appellant took out execution proceedings being title execution case number 39 of 1951 of the companyrt of the first sub judge.
respondent number 1 also filed title suit number 578 of 1951 in the companyrt of 4th munsif at alipore impleading the appellant and respondent number 1 and praying for a declaration that on the termination of the tenancy of respondent number 2 respondent number 1 became a direct tenant of the appellant under s. 13 2 of the 1950 act and that he was number liable to be evicted in the execution case.
while the suit was pending the 1950 act came into force on march 31 950.
the suit was resisted by respondent number 1 who alleged that he had taken sub tenancy from respondent number 2.
the suit was decreed in the companyrt of the subordinate judge and the decree was affirmed by the district judge of 24 parganas in title appeal number 157 of 1953.
civil appellate jurisdiction civil appeal number 125 of 1963.
maheshwari for the appellant.
on december 1 1948 the west bengal premises rent companytrol temporary provisions act 1948 west bengal act xxxviii of 1948 .
chakraborthy and r. gopalakrishnan for respondent number 1.
the judgment of the companyrt was delivered by ramaswami j. the sole question for determination in this appeal is whether respondent number 2 atul chandra patitundi is protected from being evicted by the landlord from the premises number 90a harish mukerjee road situated in bhawanipur district 24 parganas in view of the provisions enacted in s. 13 2 of the west bengal premises rent companytrol temporary provisions act 1950 west bengal act xvii of 1950 hereinafter called the 1950 act.
some time before 1948 respondent number 2 was inducted as a monthly tenant under rai sahib chartdan mal inder kumar the predecessor in interest of the appellant.
murthy and b.p.
hereinafter called the 1948 act came into force.
