NARENDRA NATH NANDI Vs. AMIYA CHOUDHURY

JUDGEMENT

(1.) This application under Section 115 of the Code of Civil Procedure and under Article 227 of the Constitution is directed against two orders dated 25-2-1957 and 9-5-1957 made by the Second Additional Court of the Munsif at Alipore.

(2.) The plaintiff opposite party instituted a suit for recovery of possession of certain premises let to the petitioner. The suit was brought on 16-8-1956 and the writ of summons served on the defendant on 31-8-1956 who entered appearance in the suit on 17-9-56. On 2-1-1957 the written statement was filed. An application was made on 7-1-1957 by the plaintiff opposite party under Section 17 (3) of the West Bengal Premises Tenancy Act, 1956 for an order that the defence against delivery of possession be struck out.

(3.) The learned Munsif considered the matter and found that the defendant had failed to pay rent for the month of Chaitra 1362 B.S. He also held in effect that there was default in respect of rent for the month of Bhadra 1363 B.S. Thus there was failure according to the Munsif on the part of the defendant to pay or deposit the arrears of rent in accordance with the provisions of the West Bengal Premises Tenancy Act and in that view the defence against delivery of possession was directed to be struck out.