N SUNDER RANJAN Vs. PROVAT KUMAR ROY

JUDGEMENT

(1.) THIS revisional application under section 115 of the Code of Civil Procedure is at the instance of defendant no. 1 in a suit for eviction and is directed against Order No, 104 dated july 25, 1997 passed by the learned Munsif. 2nd Court, Alipore in Title suit No. 148 of 1984 thereby disposing of an application under section 17 (2) of the West Bengal Premises Tenancy Act filed by the petitioner herein.

(2.) THE opposite party no. 1 filed the aforesaid Title Suit No. 148 of 1984 for eviction of the present petitioner on the ground of default in payment of rent from April, 1982. In the said suit. the opposite party no. 2 was made a proforma defendant.

(3.) ACCORDING to the opposite party no. 1, the opposite party no. 2 was a tenant in respect of the suit property and the said opposite party no. 2 by a letter dated January 27, 1982 expressed his intention to surrender the tenancy on the expiry of January 31, 1982 and thereafter the petitioner was inducted in the suit flat from February 1, 1982. According to the opposite party no. 1, the petitioner failed to pay any rent from the month of April, 1982.