MADHUSUDHAN DEBNATH Vs. RADHARANI MONDAL

JUDGEMENT

(1.) This Rule is directed against an order dated September 4, 1968, of the Munsif, Additional Court, Krishnagar striking out the defence of the petitioner against delivery of possession under Section 17 (3) of the West Bengal Premises Tenancy Act, 1956.

(2.) The landlords-opposite parties instituted the suit for ejectment against the tenant-petitioner on the ground of default in payment of rent since Falgoon 1370 B. S. The petitioner entered appearance in the suit on March 12, 1968, and filed a written statement on May 20, 1968. In his written statement the petitioner denied that he was a defaulter in payment of rent as alleged. The case of the petitioner was that he spent a sum of Rs. 150/- for the repairs of the suit premises which is a shop room. It was alleged by the petitioner that there was an agreement between the petitioner and the opposite party No. 2 that the petitioner would repair the suit premises and that the money that would be spent by the petitioner for repairs would be adjusted against rent. The petitioner alleged that he deducted the said sum of Rs. 150/- spent by him towards repairs from the monthly rentals and offered the balance of the rentals, but the opposite parties refused to accept the same.

(3.) After entering appearance in the suit, the petitioner did not deposit any rent under Section 17 (1) of the Act nor did the petitioner make any application under Section 17 (2) disputing the amount of rent. The opposite parties filed an application under Section 17 (3) praying for striking out the defence of the petitioner against delivery of possession. The application was fixed for hearing on September 19, 1968. The petitioner did not file any petition of objection against the application of the opposite parties under Section 17 (3), instead, the petitioner filed an application under Clause (b) of Section 17 (2-A) of the West Bengal Premises Tenancy Act, 1956, together with an application under Section 5 of the Limitation Act, 1963.