( 1 ) THIS is a defendant's appeal from the judgment and decree passed by the learned Chief Judge, City Civil Court, Calcutta in Ejectment Suit No. 524 of 1972.

( 2 ) THE suit was filed by M/s. Calcutta Vyapar Pratisthan Ltd. , the plaintiff-respondent No. 1 as the landlords for eviction of Miss D. Ennis, the monthly tenant from a shop room forming part of premises No. 3, Russell Street, Calcutta wherein she had been running a fashionable hairdressing saloon. The grounds were (1) default in payment of rent since August 1966; (2) making additions and alterations to the shop room without the consent of the respondent No. l and (3) subletting, assigning and transferring the entire shop room without consent of the respondent No. 1. The suit was filed after service of notice under S. 13 (6) of the West Bengal Premises Tenancy Act, 1956.

( 3 ) THE suit was contested by one Mr. J. S. Ardeshar, as the constituted attorney of the appellant. In the written statement filed by him he denied all the contentions of the respondent No. 1. Legality and service of the notice was also challenged.

( 4 ) AFTER the filing of the suit, Raigarh Jute Mills Ltd. , the plaintiff-respo