SK FAZLUDDIN Vs. ZUKEIDA KHANAM

JUDGEMENT

(1.) THIS Rule is directed against an order of the learned trial Judge, striking out the petitioner's written statement in the pending suit for ejectment under section 17 (3) of the West Bengal Premises Tenancy Act, 1956. The instant suit was instituted on November 30, 1959. The plaint alleged the usual service of the notice to quit and requisite defaults on the part of the defendant to disentitle him from the protection of the relevant rent control legislation, to wit, the above Act of 1956.

(2.) THE suit was contested by the defendant who, in his written defence, denied, inter alia, the plaintiff's allegation of default.

(3.) IN the course of the suit, the plaintiff applied for an order under section 17 (3) of the above West Bengal Premises Tenancy Act, 1956. The application appears to have been contested when it was first taken up for hearing. The defendant examined himself to deny the plaintiff's allegation of default. Thereafter, however, due to the court's inability to take up the case for certain pre-occupations, the matter had to be adjourned from time to time and, ultimately, when, on March 13, 1961, the case was called on for hearing, the defendant applied for time. The defendant's prayer was refused by the learned trial Judge and, eventually, the matter under section 17 (3) appears to have been decided ex parte after the plaintiff had led evidence in support of his case.