PARITOSH KUMAR GHOSH Vs. SARASWATI NANDI

JUDGEMENT

(1.) THIS revision arises out of an order dated. 19th January, 1979 passed by Shri M. K. Sen Gupta, the learned Munsif, 2nd Court, Alipore in T. S. No. 414 of 1972 striking out defence of the petitioner against ejectment under section 17 (3) of the West Bengal Premises Tenancy Act, 1956.

(2.) THIS suit was commenced on 20th December, 1972 for ejectment on the ground of default in payment of rents for the months of May to August, 1972 and also on the ground of plaintiff's own use and occupation. The summons being served on 1st January, 1973, the defendant made his appearance on 24th January, 1973. In the written statement the defendant came up with a plea of payment of rent. The defendant having failed to "move the Court under section 117 (2) of the Act, the plaintiff was obliged to file an application under section 17 (3) of the Act on 14th July, 1978. But on 9th August 1978 an application under section 17 (1) of the Act read with section 151 Civil Procedure Code was filed praying for permission to deposit a sum of Rs. 638/- being Rs. 400/- as arrears of rent and Rs. 238/- as statutory interest, though in the petition, the plea of payment was reiterated. There was also an application under section 5 of the Limitation Act for condo nation of delay.

(3.) BY the impugned order the defendant's applications ,were rejected and the one filed by the plaintiff under section 17 (3) pf the Act was allowed.