( 1 ) THIS Rule was obtained by a tenant against an appellate order in a proceeding under Section 16 (3) of the W. B. Premises Tenancy Act, 1956 in respect of premises No. 157 (a) Dharmatala Street. The order passed by the Appellate Officer under the Premises Tenancy Act, 1956 allowed the appeal of the landlord and remanded the case to the Rent Controller for trial on merits of the landlord's application playing that the sub-tenant in respect of the portion of the premises be declared to be a direct tenant under the landlord.

( 2 ) THIS case was heard analogously with 32 other similar Rules obtained by the same petitioner in respect of 32 other portions of the same premises which were the subject-matter of 32 other applications by the same landlord under Section 16 (3) of the Premises Tenancy Act 1956 and common questions of law have arisen in all these 33 cases. For appreciating the questions of law that require to be decided in these cases, it is necessary to advert to the history of the lease and the sub-leases in respect of this particular premises and other portions of that premises.

( 3 ) THE relevant facts shortly stated are these: Municipal premises No. 1