AIR LIFT Vs. KARTICK CHANDRA CHANDRA

JUDGEMENT

(1.) ONE Lakshmi Narayan Chandra since deceased filed a suit for eviction against the petitioner herein on various grounds under the West Bengal Premises tenancy Act. The said suit which was filed sometime in April, 1991 was registered as Ejectment Suit No. 211 of 1991. On transfer, the said suit was renumbered as Ejectment Suit No. 346 of 2002.

(2.) SINCE before the institution of the said suit the defendant had been depositing the rent in the office of the rent Controller at Calcutta at the contractual rate of Rs. 640 per month in the name of the said landlord. Even after institution of the instant suit, the defendant/petitioner herein continued to deposit the rent regularly in the name of the said landlord in the office of the rent Controller, Calcutta though his prayer for deposit of the current rent in court was allowed by the learned Trial Judge as per the provision under Section 17 (1) of the West Bengal Premises Tenancy Act, 1956.

(3.) THE original plaintiff namely Lakshmi Narayan Chandra died on 6th november, 1993 during the pendency of the said suit. After his death an application for substitution was filed by his son who is the opposite party no. 1 herein on 3rd February, 1994. A copy of the said application was served upon the learned Advocate of the petitioner on 14th November, 1995 i. e. more than a year after the said application was filed. The said application for substitution was, in fact, allowed on 21st August, 2002 i. e. eight years after the said application was filed in Court.