SUBODH LAL SAMADDAR Vs. SWAPAN SAMADDAR

JUDGEMENT

(1.) THIS revisional application under Section 115 of the Code of Civil Procedure is at the instance of a plaintiff-landlord in a suit for eviction and is directed against Order No. 95 dated April 12, 2000 passed by the learned Civil Judge (Junior Division), First Court, Sealdah in Title Suit No. 173 of 1981 thereby dismissing an application under Section 17(3) of the West Bengal Premises Tenancy Act filed by the petitioner and allowing an application under Section 151 of the Code of Civil Procedure for permission to deposit all arrears with interest.

(2.) IN the suit filed in the year 1981, the original defendant did not enter appearance. Ultimately, the opposite parties, the heirs of the original defendant entered appearance stating that the original defendant was not traceable and the Court permitted the opposite parties to contest the said suit. It appears from the record that the opposite parties entered appearance in the year 1986 and filed a written statement and in such written statement it was stated that they have filed application under Section 17(2A)(b) of the West Bengal Premises Tenancy Act. In fact, no such application, however, was filed and the opposite parties also did not comply with the last part of Section 17(1) of the aforesaid Act by depositing an amount equivalent to rent every month within 15th of the month next following.

(3.) BY the order impugned herein, the learned trial Judge has allowed the application under Section 151 of the Code filed by the opposite parties and has consequently dismissed the application under Section 17(3) of the Act.