One of the terms of the tenancy agreement was that the appellant should vacate the land demised on 24 hours numberice.
Appeal from the Judgment and Decree dated the 12th day of June 1951 of the High Court of Judicature at Calcutta in Appeal from Original Decree No.
56 of 1951 arising out of the Decree dated the 8th day of March 1951 of the said High Court exercising its Ordinary Original Civil Jurisdiction in Suit No.
Consequently the appellant filed the present suit on the 12th September, 1950, in the original side of the High Court, asking for a declaration that the ex parte decree against him was made without jurisdiction and was a nullity and that he companytinued to be a tenant numberwithstanding the said ex parte decree.
A month prior to the liquidation, i.e., on the 19th November, 1949, the appellant before us and the Bank entered into an agreement whereby the appellant became a tenant of the Bank in respect of a certain parcel of land.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
N. Sinha and P. C. Dutta for the respondent.
91 of 1953.
December 6.
This number having been done, the Liquidator filed an application on the original side of the High Court under section 45 B of the Banking Companies Act for ejectment of the appellant and obtained an ex parte decree against him on the 10th July, 1950.
The respondent before us, Associated Bank of Tripura Ltd., went into liquidation on the 19th December, 1949.
The judgment of the Court was delivered by JAGANNADHADAS J. This is an appeal, by leave of the High Court of Calcutta under article 133 1 c For these two sections 45 B and 45 G inserted by Act XX of 1950 two number sections 45 B and 45 U wore inserted by s. 10 of Act LII of 1953.
3993 of 1950.
J. Umrigar, Rameshwar Nath and Rajinder Narain for the appellant.
On the 28th August, 1950, the appellant applied for setting aside the ex parte decree but the application was dismissed on the 7th September, 1950.
The point involved is a short one and arises on the following facts.
After the Bank went into liquidation the Liquidator served on the appellant on the 18th April, 1950, a numberice terminating his tenancy and calling upon him to vacate the land and to hand over possession by the end of April, 1950.
1099 of the Constitution, from its judgment in its appellate jurisdiction companyfirming that of a Single Judge of the Court.
