( 1 ) THE present appeal under Clause 15 of the Letters Patent arises out of a suit for eviction instituted by the plaintiff, appellant against the defendant respondent. The suit was filed on 10th March, 1950 during the continuance of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948. The plaintiff asked for eviction on the ground that the defendant's interest in the disputed premises had been ipso facto determined under Sub-section (3) of Section 12 of the said Rent Act of 1948. The Rent Control Act of 1950, that is to say, the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 came into force during the pendency of the suit.

( 2 ) THE plaintiff not only claimed recovery of possession; he also claimed rent at the rate of Rs. 12/- per month from July to September 1949 and mesne profits at that rate from October 1949.

( 3 ) THE only point in controversy at the trial was whether the defendant paid rent for July and August 1949. Admittedly the defendant did not pay or deposit any rent for September, 1949 and subsequent months till 2nd November, 1951 when the defendant deposited arrears of rent at the rate of Rs. 12/- per month from