DEO CHAND SINGH Vs. SHAH MOHAMMAD

JUDGEMENT

(1.) This Rule is directed against the order of the learned Munsif allowing the plaintiff's application to strike out the defendant's defence against delivery of possession under Section 17(8) of the West Bengal Premises Tenancy Act.

(2.) The petitioner tenant urges three main points in this Rule. His first point is that a solenama between the parties duly registered marked Ext. D, expressly provides a covenant that the petitioner tenant will hold the premises as tenant of the plaintiff for ten years with effect from April, 1955 and that during this period of ten years the tenant shall not be liable to be evicted on any ground whatever. It is, therefore, said that for the period of ten years from April, 1955 to March, 1965, the petitioner tenant was not liable to eviction on the ground of failure to pay rent and the only remedy of the landlord would be to sue for the rent. This covenant is claimed to protect the tenant from eviction on that ground. It is therefore said that he is entitled to raise this defence of the term of the lease itself contained in this solenama, and his defence should not have been struck off under Section 17(3) of the Act.

(3.) His second point is that he has made a prayer for allowing him to deposit arrears of rent and interest and costs under the provisions of Section 114 of the Transfer of Property Act and if there is a forfeiture for failure to pay rent then the court should relieve him of that forfeiture. It is, therefore, contended on behalf of the petitioner that he is entitled to have this defence and his defence on that point should not be struck off.