PROVABATI CHAKRABARTY Vs. SATYENDRA NATH CHATTERJEE AND OTHERS

JUDGEMENT

(1.) The defendant-tenant has obtained this Rule against the order of the learned Munsif, 1st Additional Court, Alipore, rejecting her petition under Sec. 151 of the Code of Civil Procedure and allowing the plaintiffs prayer for striking out her defence against delivery of possession under Sec. 17(3) of the West Bengal Premises Tenancy Act, 1956.

(2.) On 1st of July, 1972 the present opposite parties as plaintiffs had instituted a suit for ejectment of the petitioner from the ground- floor of the premises No. 36. Kabir Road, inter alia, on the grounds that the defendant was a defaulter in payment of rent since Jan., 1972, that she had sub-let the premises and that the plaintiffs reasonably required the suit premises for their own use and occupation. On 12th March, 1973 the said suit was exparte decreed against the defendant-tenant. Thereafter, she applied under Order 9 Rule 13 of the Code of Civil Procedure which was allowed and the said exparte decree was set aside. Thereafter, the defendant-tenant filed her written statement. The said ejectment suit had been already heard in part. Between 8th of June, 1977 and 29th of June, 1977 the plaintiffs witnesses have been examined-in-chief and cross-examined. On 15th July, 1977 examination of the defendants witnesses commenced. On 23rd Dec., 1977 the plaintiffs filed an application under Sec. 17(3) of the West Bengal Premises Tenancy Act. They alleged that the defendant had not complied with the provisions of Sec. 17(1) of the West Bengal Premises Tenancy Act and she had not been paying or depositing the amounts equivalent to current rents. On 23rd December," 1977 the defendant-tenant filed an application under Sec. 151 of the Code of Civil Procedure stating that she had been making deposits in the office of the Rent Controller through different persons at different times. Rents up to 1975 were deposited in the name of S. N. Chatterjee and the other plaintiffs did not object. The said amounts in deposit had been withdrawn. But the name of S. K. Chatterjee in place of S. N. Chatterjee was written in the challans for 1976-77. She claimed that the same were bonafide typing mistakes. She was taking steps for correction of the. challans so that there may not be any difficulty for withdrawal of such amounts by the plaintiffs. She prayed for condonation of the mistakes made in the challans under Sec. 151 of the Code. The defendant-tenant also filed an objection to the application under Sec. 17(3) of the West Bengal Premises Tenancy Act filed by the plaintiffs.

(3.) On 3rd Feb., 1978 the court below directed the defendant to produce the challans. The defendant, however, did not produce the said challans in the court below. On 17th Feb., 1978 the plaintiff No. 2 was examined as a witness in the said Sec. 17(3) matter. The defendant did not cross-examine him. She also did not herself depose. On 15th March, 1978 the trial court allowed the plaintiffs application under Sec. 17(3; of the West Bengal Premises Tenancy Act and rejected the defendants application under Sec. 151 of the Code of Civil Procedure.