ORDER :- This rule has been obtained by the defendant against an order allowing the plaintiff to amend his plaint.

2. The facts are these. The plaintiff instituted a suit in ejectment against the defendant when the West Bengal Premises Rent Control [Temporary Provisions] Act, 1948, was not in force. His suit was based on a notice to quit and the bar to the recovery of possession which had been laid down in the Calcutta Rent Ordinance, 1916, then in force was sought to be removed by the plea that the plaintiff required the premises bona fide for his own use and occupation. While the suit was pending, the present Act. The West Bengal Premises Rent Control [Temporary Provisional Act 1948] came into force. Section 12(3) of the present Act lays down that if a tenant fails for three consecutive months to pay or deposit in accordance with the provision of this Act any rent payable by him in respect of any premises which has accrued due after the commencement of this Act the interest of the tenant in such premises shall on such failure be ipso facto determined and he shall no longer be deemed to be a tenant. The plaintiff applied to amend his plaint by an averment to the effect that the def

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