PRAMESHWAR PRASAD Vs. MAHANTH JHA

JUDGEMENT

(1.) The two plaintiffs in the Title Suit No. 179 of 1995 (renumbered as 12 of 2005) decreed by the 3rd Additional Civil Judge (Junior Division), Alipore, South 24-Parganas are the appellants in this First Miscellaneous Appeal that is against an order of the 2nd Additional District Judge, Alipore dated August 14, 2008 allowing the Title Appeal No. 150 of 2007 of the respondent against the decree of the Civil Judge and remanding the case. The Title Suit was filed seeking the tenant respondent's eviction from the suit premises on the grounds of reasonable requirement and default. The West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as the Act) was applicable to the case. The respondent filed an application under sub-sections (2) and (2A) of section 17 of the Act. By an order dated December 12, 2001 the application was disposed of. He was found to be in arrears with rent from December, 1983 to November, 2001.

(2.) The Court allowed the respondent's prayer to pay the determined rent arrears in 50(fifty) monthly instalments. He did not pay according to the order. The appellants applied under section 17(3) of the Act for striking out defence against delivery of possession. The respondent filed a section 151 application dated May 16, 2002 for condonation of the default. By an order dated January 18, 2005 the Court condoned the default, and by an order dated January 30, 2006 it rejected the section 17(3) application as not pressed.

(3.) Evidence (examination-in-chief) by affidavit of the second plaintiff was furnished on April 26, 2006. He deposed (q. 16) that the respondent did not comply with the order dated December 12, 2001. He was not cross-examined to extend his this testimony. Only a suggestion was given that the respondent was not a defaulter, which he denied. Evidence (examination-in-chief) by affidavit of the respondent was furnished on December 11, 2006.