( 1 ) THIS is a Reference to a Full Bench by Mitter and Guha JJ. of a question arising under the West 'bengal Premises Rent Control (Temporary Provisions) Act 1950, on which they found themselves in disagreement with the view taken earlier by another Division Bench. As the question arose in a Civil Revision Case, the entire case has been referred, as required by the Appellate Side Rules.

( 2 ) THE material facts are as follows. The opposite party, Nagendra Bala Choudhurani, is the owner of premises No. 134 Rash Behari Avenue, Calcutta and the first floor of that building is in the occupation of a body called the South India Club which holds the same as a tenant. On 23-3-1950, Nagendra Bala filed a suit against the Club for ejectment on the ground that she required possession of the premises for the purpose of building a second floor and also on the ground that the members of the Club had made several unauthorised constructions and had also been misusing the premises in various ways. It was not alleged that the rent was in arrear. The Rent Act in force at the time was the Act of 1948 which continued to be in force till 31-3-1950 when it was repealed by the Act