( 1 ) IN this application under Art. 227 of the Constitution an order passed on 7th June, 1988 by the Additional Rent Controller in Rent Control Eviction Case No. 3 of 1984 EVC has been challenged.

( 2 ) THE impugned order arises out of an application filed by the respondent under S. 29-B, West Bengal Premises Tenancy Act 1956, hereinafter referred to as the said Act for recovery of khas possession of the premises mentioned in the said application.

( 3 ) THE case was hotly contested by both the parties both before the Additional Rent Controller and before this Court. Numerous decisions were cited at the Bar in support of the conflicting claims of the parties.

( 4 ) BEFORE entering into the merits of the case and dealing with the respective contentions made by the parties it is necessary to recapitulate and rethink about the historical background and the perspective in which the Rent Restriction Acts in general were enacted in various countries at various points of time. The West Bengal Premises Tenancy Act 1956 is not a pioneer in the field but is one of the youngest member of the family of the legislations dealing with the subject.

( 5 ) LAWS controlling r