( 1 ) THIS is an appeal by the landlord from an order made by Bachawat J. on May 24, 1950, allowing an application under Section 18 (1) of the West Bengal Premises Rent Control Act, 1950 made by the tenant who is the respondent in this appeal. That section is as follows:"where any decree for recovery of possession of any premises has been made on the ground of default in payment of arrears of rent under the provisions of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948, but the possession of such ? premises has not been recovered from the tenant, the tenant may apply to the trial Court within sixty days of the coming into force of this Act for vacating the decree for ejectment against him and within such period no order for delivery of possession shall be made by any Court, nor if an application is made by the tenant under this subsection till the application has been dismissed under sub section (4 ). "

( 2 ) THE facts of the case shortly are these: The plaintiff (landlord) filed a suit for possession of certain rooms in premises No. 21b Canning Street, Calcutta. It was filed on May 13, 1948. The tenant held the rooms as a monthly tenant at a ren