NRIPENDRA NATH CHAKRABORTY Vs. BROJENDRA GOPAL SEN

JUDGEMENT

(1.) The order passed by Shri P. K. Biswas, the learned Munsif, 2nd Court, Berhampore, striking out the defence against ejectment has been challenged under the present Revision.

(2.) The Opposite Party commenced a suit for ejectment being O. S. 72 of 1975 in the 2nd Court of Munsif, Berhampore against the petitioner on 18-3-1975 on the ground of default. The petitioner, after appearance filed an application under Section 17 (2A) of the West Bengal Premises Tenancy Act on 5-5-1975. By an order dated 23-12-75 the petitioner was allowed to pay instalment at Rs. 50 along with current rent at Rs. 25 per month. During the pendency of the suit the Opposite Party transferred the suit premises in favour of Jayanta Kumar Sinha and others under a registered conveyance dated 21-9-76. The arrear of rent was also assigned thereunder and there was also a recital to the effect that the transferees being substituted as plaintiffs would be at liberty to proceed with the pending ejectment suit. The transferees without being substituted in place of the Opposite Party asked the petitioner by a letter dated 20-11-76 to pay rent of the premises in suit to them on and from September 1976.

(3.) The petitioner deposited arrears of rent and current rent up to July 1976. On 3-12-77 in spite of the transfer the Opposite Party filed an application under 3. 17 (3) of the Act praying for striking out the defence of the petitioner against ejectment. This application was allowed by an order dated 22-7-1978.