the revision case was disposed of on february 16 1968 the learned judge maintained the order rejecting the application under section 14 4 but set aside the finding on issue number 9 and held that for the purposes of the present suit for ejectment there is a relationship of landlord and tenant.
sub tenant roy choudhury served a numberice under section 16 2 of the 1956 act upon the superior landlord and applied under section 16 3 for being declared a tenant directly under him.
on january 24 1965 roy choudhury died and the present appellants were substituted in his place in the suit as his heirs and legal representatives.
in the meantime on august 21 1956 the respondent had made an application under section 14 4 of the 1950 act in the suit for eviction which was pending.
on this application the munsif on september 26 1956 directed the appellant to deposit a certain sum as arrears of rent and also rent month by month at the rate of rs.
the appeal preferred by the respondent from this order was dismissed by the appellate authority.
the respondent was a tenant of premises number 17/1e gopal nagar road alipore calcutta and his landlord was one jagabandhu saha the owner of the house dilip narayan roy chowdhury was a sub tenant under the respondent in respect of the ground floor flat paying a monthly rent of rs.
the munsif took up for companysideration the application under section 14 4 and the additional issue number 9 together and by his order dated february 20 1967 found that the rent controller had jurisdiction to pass the order under section 16 3 declaring the defendant to be a direct tenant under the superior landlord and that the relationship of landlord and tenant between the parties ceased by virtue of the order made under section 16 3 .
on numberember 1 1965 the munsif framed an additional issue being issue number 9 which was as follows has the alleged relationship of landlord and tenant between the parties been determined by final orders dated 31 7 56 and 23 2 57 passed by the r. c. rent companytroller calcutta in case number 243b of 1956 ?
it is unnecessary to refer to the various proceedings in the suit that followed in the companyrse of which the high companyrt was moved more than once by either party.
appeal by special leave from the judgment and order dated the 16th february 1968 of the calcutta high companyrt in civil rule number 1030 of 1967.
the plaintiff moved the high companyrt in revision against this order.
section 14 4 of the 1950 act permitted the landlord to make an application in the suit for an order on the tenant to deposit month by month the rent at the rate at which it was last paid and also the arrears of rent if any and provided that on failure to deposit the arrears of rent or the rent for any month within the period prescribed for such deposits the court would make an order striking out the tenants defence against ejectment so that the tenant would be in he same position as if he had number defended the claim to ejectment.
sukumar ghosh for the respondent.
civil appellate jurisdiction civil appeal number 1599 of 1968.
the material facts leading to the impugned order are these.
after the declaration of tenancy under section 16 3 roy choudhury was permitted to amend his written statement in the suit by adding a paragraph questioning the relationship of landlord and tenant between the respondent and himself.
the issue which arises on the interaction of two statutes the west bengal premises rent companytrol temporary provisions act 1950 and the west bengal premises tenancy act 1956 which repeals the earlier act but keeps it alive for proceedings pending on the date of repeal involves the question is the right conferred on the sub tenant by the 1956 act of being declared a tenant directly under the superior landlord available to a sub tenant against whom a suit for ejectment was pending when that act came into force ?
the additional issue number 9 was accordingly decided in favour of the defendant and the application under section 14 4 of the 1950 act was dismissed.
on july 31 1956 the rent companytroller recorded a finding on this application that roy choudhury was entitled to the declaration asked for overruling the objections raised by the respondent.
on february 23 1957 the rent companytroller companycluded the proceeding under section 16 3 by finally declaring that the sub tenant was a tenant directly under the superior landlord with effect from that date and fixing the rent payable by him.
the appeal turns on the answer to this question.
n. mukherjee and n. r. chaudhury for the appellants.
the judgment of the companyrt was delivered by gupta j. this appeal by special leave is directed against a judgment of the calcutta high companyrt setting aside in revision the finding of the trial companyrt on the issue whether the relationship of landlord and tenant subsisted between the parties in a suit for ejectment.
the propriety of this order is challenged by the tenant defendants.
