BANWARILAL SHARMA Vs. BAJRANJ LAL TIWARI

JUDGEMENT

(1.) THIS revisional application has been preferred from order dated 20th April, 1989 passed by the learned Assistant District judge, Purulia in Title Suit No. 202/82 of 1977/86.

(2.) IT appears that the present opposite parties filed the aforementioned suit for eviction of the present petitioner on the ground of default in the matter of payment of rent since April 1973 and also) on the ground of bona fide requirement. The present defendant-petitioner filed a written statement whereby he claimed that he was inducted into the disputed premises by one kedar Nath and Banarasi Debi who were the owners of the disputed premises, that he paid rent to them up to March 1983 and that he stopped paying rent as Kedar Nath did not grant him any receipt beyond October, 1982. It appears that the present opposite parties filed an application under Section 17 (3) of the west Bengal Premises Tenancy Act. The petitioner opposed that application on the facts already stated. Finding that the petitioner did not file any application under the provisions of Section 17 of the West Bengal Land reforms Act and further that the petitioner failed to establish that he paid any rent from January 1983, the learned Munsif allowed the apposite parties' application under Section 17 (3) and struck out the petitioner's defence against delivery of possession.

(3.) IT is urged from the side of the petitioner that since he never recognised the present opposite parties as his landlords, the learned Munsif could not pass the impugned order under Section 17 (3) of the Act without first resolving the question as to whether there was any relationship of landlord and tenant between the opposite parties and him. It is urged from the side of the opposite parties that the Petitioner had, in fact, admitted the opposite parties a his co-sharer landlords.