JAMAL AKTAR Vs. RAHIMAN BIBI

JUDGEMENT

(1.) This appeal from the appellate decree is directed against the judgment of Sri S.K. Nandi, 1st Additional District Judge, Howrah dated November 27, 1996 passed in T.A. No. 63/95 whereby he dismissed the appeal and confirmed the judgment dated January 31, 1995 passed by Munsif, 2nd Court, Howrah in T.S. No. 5/88 of his court excepting the decision relating to issue No. 4 touching the question whether the Defendant/Appellant was a defaulter in payment of rent. The learned trial court in its judgment disposed of the issue by giving a decision in the line and order dated July 1.6, 1992 passed by the trial court in connection with a proceeding under Sec. 17(2) and (2A) of the West Bengal Premises Tenancy Act by holding that Defendant was a defaulter in payment of rent for January, 1988 and the Defendant was entitled to get the benefit under Sec. 17(4) of the West Bengal Premises Tenancy Act since it was a case of first default. That particular finding was set aside by the learned appellate court answered the issue in connection with alleged default in negative.

(2.) In short, the facts leading to the filing of the instant appeal are as follows:

(3.) At the time of hearing of the appeal, the following question has been formulated as the substantial questions of law involved in the present appeal: