A statutory tenant, that is, a tenant whose tenancy has been determined by a notice under Section 106 of the Transfer of Property Act, but who continues in occupation by virtue of protection against eviction under the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, can sub-let the premises let to him, and such a sub-tenant becomes entitled to the benefit of direct tenancy under the landlord under the provisions of Section 13(2) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950.

Bachawat, J.

1. This Reference arises out of a suit filed by a sub-tenant for a declaration of his right to become a direct tenant under the superior landlord under Section 13(2) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 and for an injunction restraining the landlord from interfering with his possession of the premises in suit.

2. The landlord, Saraju Bala Dassi let to the tenant, Suniti Devi, the ground-floor of premises No. 1/28, Prince Golam Mohammed Road. The landlord terminated the tenancy by a notice to quit with effect from the 1st of May, 1953 and thereafter instituted a suit for ejectment against the tenant and obtained a decree for ejectment against her on August 24, 1954. The plaintiff, Krishna Prosad Bose was no party to that suit. The plaintiff instituted the present suit on November 11, 1954. He claims that he has been a sub-tenant of a portion of the ground-floor of the premises under Suniti Devi. The plaintiff (sic) disputes the existence of the sub-tenancy. If the plaintiff ever became a sub-tenant, the date on which he became a sub-tenant is also in dispute. The munsiff decreed the suit. On appeal the subordinate Judge set aside the decree and dismissed the suit. The second appeal by the plaintiff to this Court was dismissed but leave to appeal under Clause 15 of the Letters Patent was granted. The questions debated before the Division Bench were inter alia whether the tenant had sublet a part of the premises to the plaintiff after her contractual tenancy had been terminated by a notice to quit and if so whether a statutory tenant could sub-let the premises, and whether the sub-tenant could claim the benefit of Section 13(2) of the West Bengal Rent Control (Temporary Provisions) Act, 1950. I will call this Act the 1950 Act. The arguments raised important questions of law and accordingly the Division Bench acting under chapter II, Rule I, proviso (ii) of the Appellate Side Rules referred the following questions to a Special Division Bench :

(1) "Can a statutory tenant, that is to say a tenant whose tenancy has been determined by a notice under Section 106 of the Transfer of Property Act, but who continues in occupation by virtue of Protection against eviction under the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, sub-let the premises let to him?"

(2) "Does such a sub-tenant become entitled to the benefit of direct tenancy under the landlord under the provisions of Section 13(2) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950?"

Shortly put the matter stands thus. The definition of "tenant" in Section 2(11) of the 1950 Act on its true interpretation includes a statutory tenant protected by the Act. There is nothing repugnant to this meaning in the subject or context of Section 13 of the Act. On a proper interpretation of Section 13 read with Section 2(11), a sub-letting by a statutory tenant is a sub-letting within the meaning of Section 13, and the sub-tenant is entitled to protection in cases coming under Sub-section (2) of Section 13.

3. But I must examine the contentions advanced before us.

4. Mr. Janah said that he does not know who a statutory tenant is, for the 1950 Act does not speak of a statutory tenant. Now a "statutory tenant" is a convenient name for a person who after his contractual tenancy of the premises has expired retains possession of the premises by virtue of the provisions of the Rent Control and Tenancy Acts. Lord Reid in Baker v. Turner, 1950 AC 401 at p. 436, described him as a person who has been a tenant and to whom a right is given by the Acts to remain in possession after his contractual tenancy has gone. It is convenient to give a short name to a class of persons who have real rights instead of describing them by a long adjectival phrase. The statutory tenant therefore includes a person who retains possession of the premises by virtue of the protection given by the Rent Control and Tenancy Acts afte