Judgement

JAGANNADHADAS J.: This is an appeal, by leave of the High Court of Calcutta under Article 133(1) (c) of the Constitution, from its judgment in its appellate jurisdiction confirming that of a Single Judge of the Court. The point involved is a short one and arises on the following facts. The respondent before us, Associated Bank of Tripura Ltd., went into liquidation on the 19th December, 1949. 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. One of the terms of the tenancyagreement was that the appellant should vacate the land demised on 24 hours notice.

After the Bank went into liquidation the Liquidator served on the appellant on the 18th April, 1950, a notice terminating his tenancy and calling upon him to vacate the land and to hand over possession by the end of April, 1950. This not 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 t