GORA CHAND PAL Vs. NOMITA MONDAL

JUDGEMENT

(1.) THIS revisional application is arising out of an order No. 71 dated 02.01.2007 allowing an application filed under Section 17 (3) of the West Bengal Premises Tenancy Act, 1956.

(2.) THE petitioner is a defendant in an eviction suit instituted by one Santosh Kumar Mondal being Title Suit No.228 of 1994. The petitioner received the summons on 8th July, 1994 and entered appearance on 25th July, 1994. Subsequently, a written statement was submitted on 24th July, 1996. It is alleged by the petitioner that the original plaintiff continued to accept rent till his death that is upto December, 2003, either by cash or through money order and his wife being the opposite party No.1 used to issue rent receipts and the money order receipts on behalf of her husband. It is contended that she was receiving rents in respect of both the tenancies since 8th March, 1994 and after the death of the original plaintiff, the opposite parties, namely, present landlords proceeded with the suit. However, one Soma Mondal, claiming to be the daughter-in-law, being wife of the predeceased son of the original plaintiff, started demanding the rent from the petitioner claiming herself as owner of the property, although, she was never made a party to the suit. All of a sudden the opposite parties filed an application under Section 17(3) of the West Bengal Premises Tenancy Act, 1956 on December 14, 2004 praying for striking out of the defence against delivery of possession of the petitioner alleging non-compliance of provisions of Sections 17(1) and 17(2) of the West Bengal Premises Tenancy Act, 1956.

(3.) UNDER the old Tenancy Act certain protections were given to the tenant, one of which was that such tenant would be required to tender rent month by month during the pendency of the proceeding initiated by the plaintiff/landlord as mentioned under Section 17. Such protection is given to the tenant under Section 17 of the West Bengal Premises Tenancy Act, 1956.