( 1 ) THIS is an appln. by the tenants claiming relief Under Section 6, West Bengal Premises Rent Control (Temporary Provisions) Amendment Act, 1950. That section is as follows:"power of Court to rescind or vary decrees and orders in certain cases. Where at any time between the commencement of the said Act and of this Act, an order or decree for the recovery of possession of any premises has been made or passed by any Court but possession of such premises has not been recovered in execution of such order or decree and the Court is of opinion that the order or decree would not have been made or passed if this Act had been in force when the order or decree was made or passed, the Court may, on appln. by the tenant within sixty days of the commencement of this Act, rescind or vary the order or decree on such terms and conditions as it deems necessary for the purpose of giving effect to the provisions of Section 18 of the said Act as amended by this Act. "

( 2 ) THE "said Act" in the section is the "west Bengal Premises Rent Control Act, 1950.

( 3 ) THE facts of this case appear from the judgment of P. B. Mukharji J. , which is reported in S. B. Trading Co. Ltd. v. Satye