Kumar Purnendu Nath Tagore And Ors. vs Narendra Nath Samanta on 20 August, 1940
Thus in order to attract the operation of the Section what is necessary in that the suit or proceeding must be one for ejectment of a non-agricultural ten ant and the ejectment must be sought for on a ground-other than non-payment of rent. The words "on account of non-payment of rent" are somewhat unhappy and it has been pointed out by our learned brother Hitter J. in Puroendu Nath Tagore v. Narendra Nath Samanta that mere nonpayment of rent could not be a ground for ejectment of a tenant under the substantive law of this country. Our learned brother was constrained to interpret these words as referring to a suit for ejectment of a tenant whose rents were in arrears although the right to sue was based on grounds other than non-payment of rent.