MAHIMARANJAN DAS Vs. PUSPA RANI SARKAR

JUDGEMENT

(1.) THIS is a revisional application against the order passed by the Munsif, Ist Court, Contai dated 3rd March, 1987 in Title Suit 77 of 1983 rejecting the application filed by the revision petitioner under Section 17-2(A) of the West Bengal Premises Tenancy Act. The opposite party, who is the plaintiff in above suit prayed for ejectment of the revision petitioner on the ground of reasonable requirement and default of rent. During the pendency of the suit it appears that the original plaintiff has transferred the suit property to a stranger who has been added in the trial court. During the pendency of the suit the revisionist filed an application under Sections 17(2) and 17-2(A) of the West Bengal Premises Tenancy Act for determination of rent and granting instalments. The opposite party also is said to have filed an application under section 17(3) of the West Bengal Premises Tenancy Act for striking out the defence of the revision petitioner. All those petitions were taken up together and the learned trial court has rejected the petitions filed by the revision petitioner. Being aggrieved by such order the defendant has filed this revision.

(2.) MR . Bhattacharya, learned counsel appearing for the petitioner at the outset has invited any attention that the Court below did not consider the points raised by the tenant properly and mechanically rejected the application treating the same to have been filed under Section 17(2) of the West Bengal Premises Tenancy Act. Despite such rejection the learned trial Court should have considered independently the application filed by the tenant for granting him instalment regarding the arrears of rent payable by him.

(3.) IN another decision reported in (1983) 87 Cal WN 868 in the case of Radheshyam Saha v. Ramani Mohan Chakraborty, 1983(2) RCR 503(Cal.) it is held: