( 1 ) THIS appeal arises out of a suit between the plaintiff landlady who is appellant of this appeal and her tenant who is respondent in this appeal. There was no dispute in the Courts below as to the existence of the relationship of landlord and tenant between the parties, nor was there any dispute as to the amount of rent of the disputed premises. The landlady instituted the suit in the Trial Court for eviction of the tenant on the ground that he was a defaulter, and he had disentitled himself from getting any protection against eviction by non-payment of rent for the period required by law. Service of a notice to quit purporting to determine the tenancy was also alleged to have been served upon the tenant.

( 2 ) THE suit was contested by the defendant whose defence was that no valid notice to quit had been served upon him, and that he had not committed such default as had deprived him of protection against eviction.

( 3 ) DURING the pendency of the suit an application under Section 14 (4) of the West Bengal Premises Rent Control (Temporary Provisions) Act of 1950 was filed on behalf of the landlady for a direction upon the tenant to pay arrears of rent