SANKAR PRASAD MITRA, C.J. :- This Full Bench Reference have been made by a Bench consisting of Pradyot Banerjee and B.N. Maitra, JJ. under Chapter VII, Rule 3 of the Appellate Side Rules. Two questions have been referred to the Full Bench. These questions are :

(1) Whether a notice under Sec. 114-A of the Transfer of Property Act is to be given if the ground on which the

ejectment is prayed for is under Sec. 13(1)(b) of the West Bengal Premises Tenancy Act, 1956, that is, if a tenant or

a person residing in the premises has done any act contrary to the provisions of clauses (m), (o) and (p) of Section

108 of the Transfer of Property Act, 1882 ?

(2) Whether the decision of the Division Bench reported in AIR 1977 Cal 122 (Mahasukrai Ramrichpal v. Kishori Charan Law) was correctly decided ?

2. The appellant was a tenant under the plaintiff in respect of the upper western flat on the first floor of premises No. 3/B, European Asylum Lane, now named as Abdul Halia Lane. A decree for eviction was passed against the appellant on the ground of unauthorised and permanent construction contrary to the provisions of Section 108 (m), (o) and (p) of the Transfer of Property Act. Before the Div