RITA BHAGAT & ANOTHER Vs. SUSANTA KUMAR MULLICK

JUDGEMENT

(1.) This application is at the instance of the defendant and is directed against the order no.102 dated Feb. 20, 2007 passed by the learned Civil Judge (Junior Division), Fourth Court, Sealdah in Title Suit No.172 of 1993 thereby rejecting an application under Sec. 151 of the C.P.C.

(2.) The original plaintiff herein instituted a suit being Title Suit No.172 of 1993 against the predecessor-in-interest of the defendants for eviction on the ground of default, reasonable 2 requirement, etc. before the learned Civil Judge (Junior Division), Fourth Court, Sealdah. The original defendant filed an application under Sec. 17(2) and (2A)(b) of the West Bengal Premises Tenancy Act, 1956 praying for allowing the defendant to deposit all the arrears of rent by easy installments. The application under Sec. 17(2) & (2A)(b) of the Act was disposed of on Jan. 5, 1996 directing the defendant to pay the arrears of rent by four installments. Thereafter, the original defendant died and his heirs could not make deposit. For that reason, the plaintiff/opposite party herein filed an application under Sec. 17(3) of the 1956 Act. The learned Trial Judge allowed the application under Sec. 17(3) of the said Act and as a result, the defence against delivery of possession has been struck out. Thereafter, the petitioners filed an application under Sec. 151 of the C.P.C. praying for acceptance of arrears of rent deposited through challans and for vacating the order of striking out defence. That application was rejected by the impugned order. Being aggrieved, this application has been preferred.

(3.) Now, the point for consideration is whether the impugned order should be sustained.