Sukumar Deb vs Rakhal Chandra Saha

Sankar Prasad Mitra, J.—This is a revisional application against order No. 115 dated July 8, 1970, of the Fifth Munsif at Alipore in against order dated July 8, 1970, passed by Munsif, Fifth Court, Alipore, in T.S. No. 577 of 1958. T.S. No. 577 of 1958 (Sri Sukumar Deb v. Sri Rakhal Ch. Saha) allowing the application of the opposite party u/s 17E of the West Bengal Premises Tenancy Act, 1956. The Petitioner purchased premises No. 54 Southern Avenue in Calcutta on July 27,1957. In 1958, he filed T.S. No. 577 of 1958 for recovery of possession on the ground of reasonable requirement. On July 18,1966, the suit was decreed. The tenant-opposite party preferred an appeal. It was T.A. No. 1459 of 1967. The appeal was dismissed on May 3, 1967. The tenant-opposite party then filed a second appeal in this Court. The second appeal was also dismissed on March 7,1969, but this Court allowed time to the opposite party to vacate by the end of March 1970. The opposite party did not vacate in terms of the decree which this Court had passed. Thereupon, the execution case which the Petitioner-landlord had instituted on May 26,1967, was proceeded with. But on March 6, 1970, the West Bengal Premises Tenancy (Amendment) Act came into force introducing Section 17E into the parent Act. The amendment Act was Act XVIII of 1970. Taking advantage of this amendment, the tenant-opposite party applied for relief u/s 17E and, by the impugned order, relief was granted to him. The impugned order has to be set aside. .A Division Bench of this Court by its judgment in Sailendra Nath Ghosal v. Sm. Ena Dutt (1971) 75 C.W.N. 331 has held that Section 13(3A) of the West Bengal Premises Tenancy Act, 1956, is ultra vires Article 19(l)(f) of the Constitution insofar as it is retrospective in operation. We have also arrived at the same conclusion with respect to Section 17E in Amal Chandra Chatterjee v. Pramode Kumar Banerjee C.R. No. 1943 of 1971.

In these premises, this Rule is made absolute and the impugned order is set aside. There will be no order as to costs.

Let the operation of this order be stayed till April 30, 1972, as prayed for.

Janah, J.

I agree.