GOURI SHANKAR NEVATIA Vs. MRINALINI GUPTA

JUDGEMENT

(1.) This Rule is directed against an order of the learned trial Judge, allowing the opposite parties' application under Section 17 (3) of the West Bengal Premises Tenancy Act, 1956, striking out the petitioner's defence in the connected suit for ejectment.

(2.) The opposite parties' application under Section 17 (3) of the West Bengal Premises Tenancy Act was opposed by the petitioner on several grounds.

(3.) In the first place, it was contended that the instant suit, not being a suit for ejectment on the ground of default, Section 17 (3) had no application to this case. This objection was rejected by the learned trial Judge and, in our opinion, rightly. A look at the language of Section 17 (1) would be enough to convince one that it applies in all cases of ejectment on grounds, contemplated by Section 13 of the Act, the ground of default being only one of those grounds. In that context, Section 17 (3) would be available in suits for ejectment on grounds, mentioned in Section 13 including, of course, the ground of default and its application would not be confined only to suits for ejectment on the ground of default.