JUDGMENT Derbyshire, C.J. - The Petitioners are the landlords of a plot of land, with a house on it, in the town of Serampore, which was rented to the Opposite Party at a monthly rent of Rs. 2-1-2. The tenancy is a non-agricultural one. The tenant had not paid rent from Baisakh, 1938. On Chaitra 14th, 1940, the landlords served a notice on the tenant calling upon him to pay up the arrears of rent and to quit the land on the expiry of the month of Chaitra of the same year. The tenant has neither quitted nor paid up the arrears of rent and the landlords have begun this suit against him. 2. The tenant did not appear but the learned Munsif made some objections to granting the landlords the relief they have asked for because of the provisions of sec. 3 of the Bengal Non-Agricultural Tenancy (Temporary Provisions) Act of 1940. I am unable to follow the learned Munsif in his argument. 3. On my reading of sec. 3 of the Act the landlords were entitled to a decree for the arrears of rent up to the end of Chaitra, 1940 and thereafter, mesne profits until they obtained possession. It seems to me to be quite clear that the landlords were asking for ejectment because of non-payment of rent. They are, in my opinion, entitled to an order for ejectment as from the present date, subject to the provisions of the proviso to sec. 3 of the Act, namely, that if within thirty days from the date hereof or from the date of the drawing up of the decree, the tenant deposits into Court the arrears of rent down to Chaitra, 1940, and mesne profits to date, together with the costs of this proceeding both here and in the Court below, the decree for ejectment will be staged. 4. The result is that this Rule is made absolute and the decree of the learned Munsif altered accordingly. 5. The Petitioners are entitled to their costs which we assess at two gold mohurs. Gentle, J. I agree.