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TMI Blog1976 (5) TMI 109X X X X Extracts X X X X X X X X Extracts X X X X ..... ses Rent Control (Temporary Provisions) Act, 1950 and the West Bengal Premises Tenancy Act, 1956, which repeals the earlier Act but keeps it alive for proceedings pending on the date of repeal, involves the question,--is the right conferred on the sub-tenant by the 1956 Act of being declared a tenant directly under the superior landlord available to a sub-tenant against whom a suit for ejectment was pending when that Act came into force ? The appeal turns on the answer to this question. 2. The material facts leading to the impugned order are these. The respondent was a tenant of premises No. 17/1E Gopal Nagar Road, Alipore, Calcutta, and his landlord was one Jagabandhu Saha, the owner of the house, Dilip Narayan Roy Chowdhury was a sub-t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction (3) of Section 16 provides that in any such case where the landlord had not consented in writing or denies that he gave oral consent, the Rent Controller on an application made to him either by the landlord or the sub-tenant shall make an order declaring that the tenant's interest in so much of the premises as has been sublet shall cease and that the sub-tenant shall become a tenant directly under the landlord from the date of the order. The Rent Controller is also required to fix the rent payable by the subtenant to the landlord from the date of the order. Sub-tenant Roy Choudhury served a notice under Section 16(2) of the 1956 Act upon the superior landlord and applied under Section 16(3) for being declared a tenant directly und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to amend his written statement in the suit by adding a paragraph questioning the relationship of landlord and tenant between the respondent and himself. It is unnecessary to refer to the various proceedings in the suit that followed, in the course of which the High Court was moved more than once by either party. On January 24, 1965 Roy Choudhury died and the present appellants were substituted in his place in the suit as his heirs and legal representatives. On November 1, 1965 the Munsif framed an additional issue, being issue No. 9, which was as follows : Has the alleged relationship of landlord and tenant between the parties been determined by final orders dated 31-7-56 and 23-2-57 passed by the R. C. (Rent Controller) Calcutta in Case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6(3) has to be considered in the suit. (iii) As the proceeding under Section 16(3) was started during the pendency of the suit, the principle underlying Section 52 of the Transfer of Property Act should apply to this case and the decision made in the proceeding under Section 16(3) would not control the decision in the ejectment suit. 5. It thus appears that the High Court was of the view that in spite of Section 40 providing that a pending proceeding would continue to be governed by the provisions of 1950 Act as if that Act had not been repealed or had not expired, the order made under Section 16(3) of the 1956 Act must be given effect to. The High Court however held that the proceeding under Section 16(3) having been initiated durin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the premises sublet and confers on the sub-tenant the right to hold the tenancy directly under the superior landlord, cannot be said to have alienated property pendente lite. Section 5 of the Transfer of Property Act defines transfer of property as an act by which a living person conveys property to another. When the legislature in exercise of its sovereign powers regulates the relations of landlord and tenant, altering or abridging their rights, what it does is not transfer of property attracting the doctrine of Us pendens. 6. As stated already, counsel for the respondent put his case on the provisions of Section 40 of the 1956 Act. According to him the suit must continue to be governed by the 1950 Act even after its repeal in view o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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