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Issues:
Interpretation of statutes - West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 and West Bengal Premises Tenancy Act, 1956; Relationship of landlord and tenant; Effect of Section 16(3) of the 1956 Act on pending ejectment suit; Application of lis pendens principle; Jurisdiction of Rent Controller; Effect of Section 40 of the 1956 Act on pending proceedings. Analysis: The Supreme Court case involved an appeal against the Calcutta High Court's decision regarding the existence of a landlord-tenant relationship in a suit for ejectment. The core issue was whether a sub-tenant, against whom an ejectment suit was pending when the West Bengal Premises Tenancy Act, 1956 came into force, could avail the right under Section 16(3) of the Act to become a tenant directly under the superior landlord. The respondent, a tenant, initiated a suit for eviction against a sub-tenant, Roy Choudhury, under the 1950 Act. However, the 1956 Act came into effect before the suit concluded, providing the sub-tenant the right to be declared a tenant directly under the landlord. The Rent Controller granted this declaration, which was challenged by the respondent in the ejectment suit. The Munsif initially ruled in favor of the sub-tenant, holding that the relationship of landlord and tenant ceased due to the Rent Controller's order under Section 16(3). The High Court, on revision, disagreed, emphasizing the application of lis pendens and the continued relevance of the 1950 Act despite its repeal by the 1956 Act. The Supreme Court analyzed the interplay between the two statutes and concluded that the sub-tenant's right under the 1956 Act should prevail. The Court rejected the High Court's interpretation, stating that the pending suit could continue under the 1950 Act, but the sub-tenant's acquired rights under the 1956 Act must be acknowledged. It held that the relationship of landlord and tenant ceased upon the Rent Controller's order under Section 16(3). The Court emphasized that the legislative intent was to elevate the sub-tenant's status, and the pending suit should consider this new right. Consequently, the appeal was allowed, the High Court's decision was set aside, and the trial court's ruling was restored, granting costs to the appellants.
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