HIMANSHU KUMAR LAHIRI Vs. GAJENDRA KUMAR DE

JUDGEMENT

(1.) The short point involved in this appeal is whether in a suit for ejectment under the West Bengal Premises Tenancy Act ("The Act") the delay in making an application under Section 17(2A) of the Act by the tenant may be condoned by the court under section 5 of the Limitation Act.

(2.) The defendant was a monthly tenant under the plaintiff in respect of the suit premises at a rental of Rs. 23/- per month, payable according to the English Calendar. For default in payment of rent from January, 1972 to August, 1972 the tenancy was determined by the plaintiff by a combined notice under Section 106 of the Transfer of property Act and Section 13(6) of the Act and the defendant was asked to quit and vacate the premises with the expiry of the last day of October, 1072. The notice not having been complied with by the defendant, the suit was instituted for his ejectment from the suit premises. In a previous suit for ejectment on the ground of default in payment of rent, the defendant was given the benefit of Sub-section (4) of section 17 of the Act and it was, therefore, contended by the plaintiff that the defendant was no more entitled to the benefit of the said sub-section.

(3.) The defendant entered appearance on 18.1.73 by filing a written statement wherein he denied the alleged default and contended, inter alia, that the plaintiff had brought a frivolous suit as he refused to accede to the plaintiff's demand for enhancement of rent.