( 1 ) THIS is an appeal against a decree of the Subordinate Judge 6th Court at Alipore, reversing a decree of the Munsif, First Additional Court of Alipore, in an ejectment suit.

( 2 ) THE trial Court decreed the suit. The lower appellate Court reversed the decision, acting on its view of the effect of the West Bengal Premises Rent Control (Amendment) Act LXII [62] of 1950. I may say at once that in my opinion the decision of the lower appellate Court is correct although the reasons on which the decision is based are quite unsound.

( 3 ) THE suit was instituted on 29-7-1949, before the West Bengal Premises Rent Control Act XVII [17] of 1950 came into force. During the pendency of the suit on 31-3-1950, the West Bengal Premises Rent Control Act XVII [17] of 1950 came into force. The ground of eviction was that the tenant was an ipso facto defaulter under Section 12 (3) of the Act of 1948.

( 4 ) THE West Bengal Premises Rent Control Act of 1950 came into force on 31-3-1950 and the decree in suit was passed on 31-8-1950. By that date the decision in the case of S. B. Trading Go. v. Satyendra Chandra Sen, 55 C. W. N. 756 had been published. In that case it had been hel