The Calcutta Weekly Notes Reports of Important Decisions of the Calcutta High Court and Dacca High Court and of the Judicial Committee of the Privy Council on appeal from India November to October 1950-1951

Accordingly on the coplaint of H. that the Appellant had comitted the offence of criminal trespass by unlawfully continuing to remain on the K. estate property of the Crown in the occuption of the superintendent D. R. with itent thereby to annoy the latter—a suntons was issued to the Appellant. [...] In order to establish the criminal trepass charged the Crown must show :- (1) that the occupation by the Appellant of his two rooms after the expiration on the 31st May 1946 of the notice to quit was unlawful ; (1 2) that Rajapakse was at the date of the expiration of the notice to quit in occuption of the Knavesmire estate including the rooms in which the Appellant and his family lived; an [...] This difficulty the Respondent sought to ovecome by alleging that the occupation by the Appellant of his two rooms was that of a servant and was in law therefore the occupation of the master that after the aquisition of the Knavesmire estate by the Crown and the re-employment of the Apellant on the estate the occupation of the Appellant became that of the Crown and that Rajapakse rep [...] On appeal by the Plaintiff the learned Additional District Judge has rversed that decision and remanded the case for fresh trial on the footing that the rights of the parties are to be governed not by the Calcutta Rent Ordinance but by the Cacutta House Rent Control Order which was in force on the date of the institution of the suit. [...] 18 of the Act of 1948 confers upon the Court the power to rescind or vary a prAct decree for ejectment to give effect to the provisions of the Act if the Court is of opinion that the decree would not have been made if the Act had been in operlion on the date of the decree.