SEN GUPTA
BHUPESH CHANDRA DUTTA – Appellant
Versus
M. N. BOSE – Respondent
( 1 ) THIS is a revisional application under Section 115, Civil P. C. , from the order of the learned Judge, 6th Bench of the Small Cause Court, Calcutta dismissing an application under Section 13 (2), Rent Control Act, 1950,, on the ground that such an application is not maintainable in a summary proceeding for delivery of possession and allowing an application under Order 21 Rule 97, Civil P. C. , and directing that the plaintiff decree-holder be put in possession of the premises with police help, if necessary. The premises in question, viz. , 28a Mohan Bagan Lane, belonged to the opposite parties Nos. 1 and 2, Dr. M. N. Bose and another. Opposite party No. 3 Sasti Charan Sen was a direct tenant under the landlords opposite parties Nos. 1 and 2. The petitioner Bhupesh Chandra Dutt is a sub-tenant in respect of a portion of the premises in question. The landlords obtained an ejectment decree against the tenant opposite party No. 3 in Suit No. 493 of 1951 of the 6th Bench of the Small Cause Court, Calcutta. The grounds on which the ejectment was sought and granted were, firstly, that the tenant was in arrears, and secondly, that he had sublet a considerable portion of the
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