NORTH KESHALPORE COLLIERIES CO Vs. SARDAR UJAGAR SINGH

JUDGEMENT

(1.) THIS is an application under Order 47 rule 1 of the code of Civil Procedure for review bf the order passed on April 19, 1982 in C. R. No. 2353 of 1981. In order to appreciate the points urged in this application it is necessary to state i brief the facts and circumstances under which the said C. R. No. 2353 of 1981 came to be tiled and the order made thereon.

(2.) THE opposite parties filed a suit for eviction against the present petitioners from the suit premises which the petitioners held as monthly tenants at a rental of Rs. 350/-payable according to English calendar. One amongst the grounds for eviction was default in the payment of rent. After the filing of the suit the defendant petitioners came up with an application under Sec. 17 (2) read with Sec. 17 (2a) of the West bengal Premises Tenancy Act which was disposed of by an order dated March 6, 1978. By the said order the petitioners were found to be in arrears to the tune of rs. 3850/- and they were directed to deposit the said arrears together with interest thereon at the statutory rate by 5 instalments. Subsequently in May 1979 an application under Sec. 17 (3) was filed by the opposite parties on the allegation that the petitioners were not complying with the provisions of Sec. 17 (1) and 17 (2) road with Sec. (2a) of the West Bengal Premises tenancy Act. Sometime after the filing of this application the defendants filed an application under Sec. 151 of the Code for condo nation of delay in the matter of deposit of the rents for July and September, 1979. This application was rejected. Finally, the application under Sec. 17 (3)came to be heard on 29. 11. 80. The application was allowed exparte and the defence against delivery of possession was struck out. Thereafter the defendants filed an application under Sec. 151 of the Code for restoration of the application under Sec. 17 (3) on the grounds stated in the said application. The application under Sec. 151 of the Code was heard on evidence. The learned Judge disbelieved the plea of the defendants as made out in the said application and rejected the same by his order dated May 26, 1981.

(3.) BEING aggrieved at the order and the order dated November 29, 1980, the petitioners filed a revisional application which was registered as C. R. 2353 of 1981 and obtained a Rule. This Rule was disposed of by the order now sought to be reviewed. by the present application. In disposing of the Rule this Court held that the grounds made out by the petitioners for restoration could not be substantiated and that there was no reason for their failure to attend the hearing of the application under Sec. 17 (3)on 29. 1180. Upon such a view the Rule was discharged. Hence the present application.