GOBARDHAN CHANDRA MONDAY Vs. JIBAN BALA NANDI

JUDGEMENT

(1.) THIS Rule is directed against an order passed by the munsif, First Additional Court, Alipore, in a suit for ejectment directing the defence against delivery of possession to be struck out under section 17 (3) of the West Bengal Premises Tenancy Act, 1956. The suit had been instituted by the plaintiff opposite party on August 17, 1956, for ejectment of the defendant-petitioner from a shop room at premises No. 32 Chandi Ghosh Road, Tollygunge, which the defendant held at a rent of Rs. 25 per month as a monthly tenant according to English calendar month. The only ground for ejectment was reasonable requirement of the premises for the purpose of building and re-building. Summons was served upon the defendant on August 28, 1956. He appeared on September 13, 1956, and took adjournment to file written statement. After another adjournment, the written statement was filed on November 26, 1956. In it he denied that the plaintiff required the premises for building and re-building.

(2.) ON January 11, 1957, the plaintiff filed an application stating that the defendant had failed to deposit in court or pay to him any amount whatsoever for rent due for the months of August, September, October and November, 1956, as required by subjection (1) of section 17 of the West Bengal Premises Tenancy Act, 1956, and praying that the defence against delivery of possession might be struck out under sub-section (3) of the said section.

(3.) THE defendant contested the application which was beard on February 12, 1957. Neither party adduced any oral evidence, but the defendant produced certain challans showing that the rents in question had been deposited with the Rent Controller and certain money order receipts which were marked as exhibits.