GANGARAM HIMATMAL MANSUKMANI Vs. TUSHAR KANTI NAG

JUDGEMENT

(1.) Two applications, one by the defendant and other by the plaintiff are heard together and disposed of by this judgment.

(2.) An application has been made by the defendant on 31st March, 1986 for condonation of delay in making the deposit due on 15th Feb., 1986 and for leave to pay the subsequent instalments in terms of the order pasted by this Court on 4th July, 1985 The other application was made by the plaintiff on 31st March, 1986 praying for an order that the defence of the defendant in the above suit against the delivery of possession be struck out and the suit be placed in the peremptory list of the un-defendant suit A prayer has also been made for judgment on admission in favour of the plaintiff.

(3.) On 7th Nov., 1984 the plaintiff instituted this suit claiming a decree for vacant and peaceful possession of the Flat 8D, Camac Court, 25, Camac Street, Calcutta and for arrears of rent and mesne profit. In the suit the defendant made an application on 21st March, 1985 under Sec. 17(2A) of the West Bengal Premises Tenancy Act, 1956. By the order dated 4th July, 1985 the said application was disposed of.