( 1 ) THIS appeal is by the plaintiff and it arises out of a suit for eviction, instituted while the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, was in force.

( 2 ) IT is not disputed by either party that the present case is governed by the said statute. The ground, taken under that statute, was the ground of default under Section 12 (1) proviso (i ).

( 3 ) THE suit was decreed by the learned trial Judge after striking out the defence against ejectment under Section 14 (4) of that Act.

( 4 ) THERE was an appeal from that decree to the Court of Small Causes, Calcutta, under the law, as it then prevailed, but the said appeal was ultimately dismissed by that court for non-compliance with an order under Section 14 (5) of the above Act. From this decree of dismissal of the appeal, affirming, in effect, the decree of the suit by the learned trial Judge, the defendant took a second appeal to this Court, which was heard by our learned brother Bhattacharya, J. , as he then was, and it was, eventually, allowed by his judgment, dated December 16, 1959, and the plaintiff's suit was dismissed on the ground that the plaint in the instant case did n