KALI TALUKDAR Vs. PRODOSH KUMAR BAJPAIE

JUDGEMENT

(1.) The only point of law that arises in this second appeal is whether this Court while hearing a regular appeal against a final decree is powerless to rectify a mistake made earlier in its order in disposing of a revision application against an interlocutory order arising out of the same proceeding.

(2.) To have a proper appraisal of law, it would be necessary to bear in mind the facts of this case. The plaintiff-respondent brought the suit for eviction of the defendant-appellant from the suit premises on the ground of default in payment of rent from November, 1968 to March, 1970, The defendant-appellant denied the same alleging payment, and since her appearance in the suit started depositing rent in the trial court from the month of April, 1970 as per terms of section 17(1) of the West Bengal Premises Tenancy Act (hereinafter referred to as the Act) .The defendant-tenant further filed a petition under sections 17(2) and 17(2A) of the said Act before that court for determination of the amount of arrear rent praying for instalments to pay the same. The learned Munsif (trial Court) by order dated 25.5.1972, found that the defendant was in arrear from November, 1968 to March, 1970 and found that a sum of Rs. 255/- was due at the admitted rate of rent of Rs. 15/- per month and granted 17 monthly instalments to the defendant-appellant to pay the said amount.

(3.) The plaintiff-respondent thereafter filed an application on 24.9.1973, under section 17 (3) of the said Act, for striking out the defence of the defendant against delivery of possession alleging that the defendant-tenant had deposited rent for the months of September, October, 1970 and April 1972 out of time and thereby had committed default in payment of rent.