NANDA DULAL DUTTA Vs. ARDHENDU SEKHAR RAKSHIT

JUDGEMENT

(1.) By this application for a Rule under section 115 of the Code of Civil Procedure, the tenant defendant petitioner has sought to impeach order No. 49 dated the 23rd May, 1983 made in title suit No. 68 of 1981, by the learned Munsif, first Court, Tamluk. The application was opposed by the opposite party on filing caveat and Mr. Mitra is appearing for him.

(2.) Title suit No. 68 of 1981 was instituted by the plaintiff opposite party for a decree for recovery of khas possession of suit premises as described in schedule 'Ka' to the plaint, after eviction the defendant petitioner from the same and also for a decree for recovery of appear of rents in terms of schedule 'Kha' to the Plaint. There was also prayers for a decree of permanent injunction, restraining the defendant petitioner from causing any damage to the premises in question, apart from claiming means profits and other reliefs.

(3.) In the suit, the defendant petitioner entered appearance on 10th April, 1981 and he his stated to have deposited all arrears of rent on the 11th April, 1981, in the court or the learned Munsif concerned, under section 17(1) of the West Bengal Premises tenancy Act, 1956. He has also stated to be depositing the current rents month by mourn in terms of the statute. The defendant petitioner further claimed the suit to be not maintainable and it was also claimed that the suit was not a bonafide one and there was dispute relationship of landlord and tenant.