BIDHU BHUSAN BHINYA Vs. RANAJIT MONDAL

JUDGEMENT

(1.) This Rule is directed against Order No. 54 dated 8-10-80, passed by the learned Munsif, Second Court, Diamond Harbour in Title Suit No. 540 of 1976.

(2.) The petitioner is a tenant under the opposite party in respect of certain structures, constructed by the landlord opposite party on Plots Nos. 375 and 382. These plots of land are by the side of Diamond Harbour Road, the rent of the premises being Rs. 80/- per month, the area of the tenanted structures being 30 ft. X 20 ft. The Plot No. 375 is the khas land of the Irrigation Department of the Government of West Bengal and it is a way side land. A portion of the said premises standing on Plot No. 375 and measuring 8 ft. X 20 ft. was demolished by the Government of West Bengal for keeping the space open by the road side and as a result of demolition the size of the tenanted structures as let out initially to the petitioner has been considerably reduced and the truncated structure is now standing on the floor area of 20 ft. X 20 ft. The opposite party landlord filed a suit being Title Suit No, 540 of 1976 in the Second Court of Munsif at Diamond Harbour for eviction of the petitioner on the ground of default in payment of rent and also on the ground of reasonable requirement. This suit was filed on 21-9-76. Summons of the suit was served on 19-11-76 and thereafter the petitioner filed an application under Sections 17 (1) and 17 (2) on 19-11-76, In the application under Section 17(2) the petitioner prayed for abatement of rate of rent on account of reduction in the size of the tenanted portion of the premises. The learned Munsif was pleased to reject the petitioner's application under Section 17 (2) inter alia, and found that

(3.) Against the impugned order of the learned Munsif the petitioner has come up in revision.