MAHASUKHRAI RAMRICH PAL Vs. KISHORE CHURN LAW

JUDGEMENT

(1.) This Rule was obtained by the Petitioner who was the tenant Defendant in the connected ejectment suit. In that suit, the defence of the Petitioner was struck out under Sec. 17(3)' of the West Bengal Premises Tenancy Act, 1956, and thereafter the said suit was decreed.

(2.) The decree was passed ex parte on February 25, 1965, by the learned trial Judge. From the said ex parte decree the present Petitioner, who was the Defendant in the instant suit, as stated above, preferred an appeal. The said appeal was dismissed on August 24, 1965, and the decree of the learned trial Judge was affirmed. Thereafter, on August 24, 1965, the West Bengal Premises Tenancy (Amendment) Ordinance, 1965, was promulgated, and on September 17 following, that is, within the requisite period of sixty days, the Defendant filed his present application under the new Sec. 17A of the Act, which was introduced by the above amendment, and prayed for relief under the same, namely, for the setting aside of the order, striking out his defence, and also for the setting aside of the ex parte decree. To this application, the Respondent opposite party filed objection and, thereafter, the matter was heard by the learned trial Judge, and by his Order No. 51, dated April 25, 1966, the Defendant's above application was rejected. Against this Order, the present Rule was obtained by the Defendant.

(3.) Two objections were taken to the Defendant's above application, namely, (i) that the said application was not entertain able by the trial Court in which it was filed as, in the instant case, the trial Court's decree for ejectment had been affirmed in appeal by the Appellate Court, and (ii) that, in no view, was the Defendant entitled to any relief under Sec. 17A of the West Bengal Premises Tenancy (Amendment) Act, as introduced by the above Ordinance, as he did riot come within the saving provision of the said new section.