REGENT COMPUTRONICS PVT. LTD.

KOKARMAL GURUDAYAL Appellant

V/S

SAGARMAL BENGANI Respondents

Referred Judgements :-

BURN V. CARVALHO [REFERRED TO]
GREEN V. WOOD [REFERRED TO]
QUEEN V. JUSTICES OF LEICESTERSHIRE [REFERRED TO]
EARL BEAUCHAMP V. WINN [REFERRED TO]
SITARAM V. NIMBA [REFERRED TO]
SEATON V. SEATON [REFERRED TO]
DADABHAI JAMSETJI V. MANEKSHA SORABJI [REFERRED TO]
GREGORY V. TORQUAY CORPORATION [REFERRED TO]
MD.YUSUF V. GOLAM JILANI [REFERRED TO]
MADHORAO V. BALAJI [REFERRED TO]
MRS.GOURI BOSE V. SUKUMAR GHOSE [REFERRED TO]
HARDING V. PRICE [REFERRED TO]
RAMLAL VS. REWA COALFIELDS LIMITED [REFERRED TO]
BANK LIMITED IN LIQUIDATION VS. SARKAR DUTT ROY AND CO [REFERRED TO]
COMMISSIONER OF INCOME TAX PATIALA VS. SHAHZADA NAND AND SONS [REFERRED TO]
SAHABUDDIN VS. MOHAN LAL [REFERRED TO]
RADHEY LAL VS. LARETI [REFERRED TO]
TARAK CHANDRA MUKHERJEE VS. RATAN LAL GHOSAL [REFERRED TO]
RAM PROSAD RAMNARAIN VS. BEJOY KUMAR SADHUKHAN [REFERRED TO]
RAJPUTANA TRADING CO PVT LTD VS. MALAYA TRADING AGENCY [REFERRED TO]
SITARAM RAMCHARAN VS. M N NAGRASHNA [REFERRED TO]
COMMISSIONERS OF PABNA MUNICIPALITY VS. NIRODE SUNDARI DASYA BASAK W/O KUNJA BEHARI BASAK [REFERRED TO]
SATI PROSAD V. GOBINDA CHANDRA [REFERRED TO]
DISTRICT BOARD, REPRESENTED BY CHAIRMAN VS. MOULVI EMDADAL HOQUE [REFERRED TO]
SHANKARLAL PATWARI VS. HIRALAL MURARKA [REFERRED TO]
KRISHNA MOHAN GHOSH VS. SURAPATI BANERJEE [REFERRED TO]

JUDGEMENT

(1.) This Rule is directed against an order of the Sixth Subordinate Judge, Alipore, being Order No. 56 of the 10th November, 1970, in Title Suit No. 3 of 1964 (Sagarmal Bengani v. Pokarmal Gurudayal) rejecting the defendant's application under Section 17-B (1) of the West Bengal Premises Tenancy Act, 1956 and another application under Section 5 of the Limitation Act. The facts briefly are as follows: On January 21, 1964, Sagarmal Bengani filed Title Suit No. 3 of 1964 before the Subordinate Judge, Sixth Court, Alipore against Messrs. Pokarmal Gurdayal for ejectment of the defendant from a godown at premises No. P-3, Brojodayal Saha Boad, Cossipore, on the ground of default in payment of rent since April, 1963. On the 27th March, 1965, the Court passed an order under Section 17 (3) of the West Bengal Premises Tenancy Act, 1956, striking out the tenant's defence against delivery of possession. On May 5, 1965, the tenant applied for relief against forfeiture under Section 114 of the Transfer of Property Act. On May 20, 1965, the application for relief against forfeiture was rejected. On June 26, 1965, the suit was dismissed; but the landlord preferred an appeal to which we would revert a little later.

(2.) On the August 24, 1965, West Bengal Ordinance No. VI of 1965 was promulgated. Section 17-A (1) of this Ordinance was as follows:--

(3.) This Ordinance was promulgated by the Governor of West Bengal on August 21, 19G3 and was published in the Calcutta Gazette Extraordinary on the August 24, 1965. The provisions of this Ordinance were also enacted by the West Bengal Legislature by the Act 29 of 1965. Section 17-A of that Act ran thus:--

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KOKARMAL GURUDAYAL Vs. SAGARMAL BENGANI

Referred Judgements :-

JUDGEMENT

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