(1.) This Rule is directed against an order of the Sixth Subordinate Judge, Alipore, being Order No. 56 of November 10, 1970, in T. S. No. 3 of 1968 Sagarmal Bengani v. M/s. Pokarmal Gurdayal rejecting the defendant's application under section 17B(1) of the West Bengal 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 T. S. No. 3 of 1964 before the Subordinate Judge, Sixth Court, Alipore, against M/s. Pokarmal Gurdayal for ejectment of the defendant from a godown at Premises No. P-3, Brojodayal Saha Road, Cossipore, on the ground of default in payment of rent since April, 1963. On March 27, 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, 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 August 24, 1965, The West Bengal Ordinance No. VI of 1965 was promulgated. Section 17A (1) of this Ordinance was as follows: - Where any decree or order for the recovery of possession of any premises has been made in a suit or proceeding in which the defence against delivery of possession was struck out by an order under sub-section (3) of section 17, but the possession of such premises has not been recovered from the tenant by the execution of such decree or order, the tenant may make an application to the Court which made such decree or order within a period of sixty days from the commencement of the West Bengal premises Tenancy (Amendment) Ordinance, 1965, for setting aside such decree or order.
(3.) This Ordinance was promulgated by the Governor of West Bengal on August 21, 1965, and was published in the Calcutta Gazette extraordinary on August 24, 1965. The provisions of this Ordinance were also enacted by the West Bengal legislature by Act XXIX of 1965. Section 17A of that Act ran thus: 17A. Power of Court to set aside decree or order for ejectment in certain cases.
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