( 1 ) THIS is an appeal by the defendant from an ejectment decree passed against him on May 2, 1950, by Mr. Justice Bose sitting singly on the Original Side.

( 2 ) THE defendant was a monthly tenant (according to the Bengali Calendar) under the plaintiff in respect of premises No. 50, Brutal Street Calcutta at a rent of Rs. 240/- per month.

( 3 ) THE defendant made default in payment of rent from 24th Magh, 1354 B. Section (7th February, 1948) to the end of Baisakh 1355 B. Section (14th May, 1948) amounting to Rs. 766/- for which the plaintiff filed a suit on 19th May, 1948 in the Court of Small Causes, Calcutta being Suit No. 4018 of 1948; the total sum including costs claimed was Rs. 901/9/ -.

( 4 ) THE defendant also failed to pay rent for the months of Jaistha to Aswin, 1355 B. S. (15th May to 17th October, 1948) amounting to Rs. 1,200/ -.

( 5 ) THE West Bengal Premises Rent Control Act of 1948 came into force on December 1, 1949, and it is not disputed that by reason of the increase allowed by the Act, the rent pay-able by the tenant to the landlord from 1st December 1948 (15th Agrahayan 1355 B. Section)' became Rs. 285/- per month.

( 6 ) THE tenancy was det