( 1 ) THIS is an appeal by the defendant against a decree for ejectment passed by the Special Bench of the Presidency Small Cause Court, Calcutta, affirming the decree made by the Fifth Bench of the Court of Small Causes, Calcutta.

( 2 ) THE plaintiff came to Court with a case that he was entitled to a decree for ejectment against the defendant and the defendant was not entitled to protection of the West Bengal Premises Rent Control Act, because he "was a habitual defaulter in the payment of rent from February, 1952 and has not paid two months rent legally payable by the defen-fendant to the plaintiff on three occasions within a period of 18 months. This statement made in the original plaint was amended by an order dated 2nd May, 1953, and after the amendment the allegation in paragraph 5 of the plaint stands as follows: "the defendant is a habitual defaulter in payment of rent and has not paid rent since August, 1952". The second sentence in this paragraph is the same as in the original plaint. After the amendment was allowed the defendant filed an additional written statement in which he asserted that the plaintiff should not be allowed to adduce any evidence beyond