GOUR DEV MUKHERJEE Vs. PURNIMA DEVI

JUDGEMENT

(1.) THIS appeal is by the tenant defendant and it arises out of a suit for ejectment. The suit was instituted on December 23, 1959, when the West Bengal Premises Tenancy act, 1956, including the original section 17, was in force.

(2.) THE tenant appears to have entered appearance sometime in May 1960, and, thereafter, he made an application for determination of the amount, payable by him under section 17, as he raised a dispute, denying the plaintiff's claim that he was a defaulter, as claimed by the plaintiffs, in their plaint, and, on which ground of default, the plaintiffs' claim for eviction was based. This dispute appears to have been decided by the learned trial Judge by his order, dated September 14, 1963, whereby he determined the amount, payable by the tenant-defendant under section 17 (2)as Rs. 648/- and odd and directed that the said amount be deposited within a particular time.

(3.) THE matter, thereafter, came up to this court and, eventually, this court, while affirming the order of the learned trial Judge that the tenant was liable to pay the above amount under section 17 (2) of the above Act, extended the time for such payment by one month from the date of its order, which was february 13, 1964.