ADWAITY NANDI Vs. ASLAM KHAN LODHI

JUDGEMENT

(1.) Both the revisional applications were taken up for hearing together, on the prayer of both the parties, for a common law point being involved.

(2.) Learned advocate appearing for the petitioners/defendants/tenants submitted that no opportunity of hearing had been given to petitioners/defendants/tenants, while defence of the petitioners/defendants against delivery of possession had been struck off. It was thus contended that order striking off defence under Sec. 17(3) of W.B.P.T. Act of 1965 was passed ex parte without affording any opportunity of hearing to petitioners/tenants.

(3.) It was further submitted that an application under Sec. 151 C.P.C. was then filed on 25/3/2019, praying for recalling the order dtd. 11/3/2019, which was rejected by the order impugned. Learned advocate appearing for the petitioners further contended that despite having all required challans to show that there had been no departure in complying with the provisions available under Sec. 17(1), and also the order passed under Sec. 17(2), (2A) of W.B.P.T. Act, granting installments, the order directing defence against the delivery of possession be struck off in application of the provisions under Sec. 17(3) of W.B.P.T. Act, was contrary to law. The required challans, though not available in the case record, had already been inspected by opposite parties, learned advocate for the petitioners argued.