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CIVIL APPELLATE JURISDICTION : Civil Appeal No. 258 of 1963. Appeal by special leave from the judgment and order dated May 6, 1960 of the Calcutta High Court in Civil Rule No. 3579 of 1959.

S. C. Mazumdar, for the appellant.

D. N. Mukherjee, for the respondent No. 1.

The Judgment of the Court was delivered by Wanchoo, J. This is an appeal by special leave against the judgment of the High Court of Calcutta. The appellant is the owner of premises bearing No. P-16, Bentinck Street, Calcutta. It had let out a suite on the second floor of the premises on a monthly rental of Rs. 66 to Gee Tsing Po. The exact date when the suite was let to Po is not on the record but it was sometime before June 1954. In June 1954, Po sub- let the entire suite to respondent No. 1, Messrs. Serajuddin and Company, which will hereafter be referred to as the respondent. In July 1954, the appellant gave notice to Po terminating his tenancy with the expiry of August 1954. In September 1954 the appellant filed a suit against Po praying for his ejectment on certain grounds under the West Bengal Premises Rent Control (Temporary Provisions) Act, No. XVII of 1950, which was then in force. That suit was still pending when the West Bengal Premises Tenancy Act, No. XII of 1956 (hereinafter referred to as the Act) came into force from March 31, 1956. Section 16 (3) of the Act gave certain rights to sub-tenants. As the appeal turns on the interpretation of that provision, it is necessary to set it out here:-