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Amulya Ratan Sadhukhan And Ors. vs Preo Nath Dutt on 5 August, 1910

5. It would seem that perhaps through some misunderstanding of the effect of the provisions of Section 16, West Bengal Premises Rent Control Act, the Registrar has come to believe that some alteration has been made in the provisions of the Act so that the Court now has a power to try a suit for ejectment; otherwise it is not easy to understand why the order is passed in the form quoted above that the suit was decreed by consent. The position has been discussed in the case of Amulya Ratan v. Meghmala Dutt, 53 C. W. N. 474. The proceedings under Chap. VII, are not a suit and indeed, Section 14 of the Act, under whose provisions power can be conferred on the Registrar to deal with such proceedings, specially provides that for the purpose of that section only that shall be deemed to be a suit. The point is of some importance in considering whether the learned Registrar is correct in saying that there is no provision that rights of the sub-tenant under Section 11 (3), West Bengal Premises Rent Control Act can be enforced by an application in the Court of Small Causes.
Calcutta High Court Cites 11 - Cited by 3 - Full Document
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