S.K.DAS, NARAYAN, V.RAMASWAMI
Mangtulal – Appellant
Versus
Radha Shyam – Respondent
Narayan, J.
1. These appeals arise out of suits in ejectment which had been instituted on the 3rd October, 1945, in the Court of the Munsif of Dhanbad. The plaintiffs sought the ejectment of the defendants from rooms in a certain building belonging to the plaintiffs and occupied by the defendants on payment of rent. The case sought to be made out was that the tenancy had been terminated by a notice to quit but, that still, the defendants had continued in occupation of the rooms. Arrears of rent and damages for use and occupation were also claimed by the plaintiffs. The defendants pleaded that they were not occupying the house, or the rooms as tenants under the plaintiffs, that no valid notice to quit had been served upon them and that the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Ordinance, 1946 were a bar to the suits.
2. The courts below decided all questions of fact against the defendants, and as to the question whether the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Ordinance, 1946, were a bar to the suits they were of the opinion that as the Ordinance had no retrospective effect, these suits which had been instituted
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