( 1 ) THIS is an appeal from a judgment and decree of P. B. Mukharji J. , dated September 6, 1951 made in favour of the plaintiff in a suit for ejectment.

( 2 ) THE suit was brought by the plaintiff-respondent to recover possession of portions of certain premises known as No. 32 Sir Harriram Goenka Street on the ground that the tenancy of the said premises had been 'ipso facto' determined by reason of the provisions of Section 12 (3) of the West Bengal Rent Control Act of 1948.

( 3 ) IT appears that the tenancy commenced on April 1, 1944, the rent then being Rs. 525/-per mensem. Later in the year 1948 the rent was increased in circumstances which we know nothing of to a sum of Rs. 840/- per mensem. But no point is taken that this increase was in any way illegal.

( 4 ) IN November 1948 there appears to have been some quarrel between the parties and in that month the tenant refused to pay his rent and never paid any rent for the premises thereafter right up until the date ot the decree, namely, September 6, 1951.

( 5 ) A suit was filed on November 29, 1949 claiming to eject the tenant-appellant. At that time the Rent Control Act of 1948 was in force and admittedly