BIPIN BEHARI MODAK Vs. UNIVERSITY OF CALCUTTA

JUDGEMENT

(1.) ON a short point depends the fate of this Rule. The point is short but it is of paramount importance to the rights of the parties and to the instant matter before the Court. The Rule before us was issued for reconsideration of an order of this Court, discharging a previous Rule, obtained by the petitioner against an order of the trial court under section 17 (3) of the West Bengal Premises Tenancy Act, 1956, striking out his defence to the pending action in ejectment.

(2.) THE petitioner was the tenant in respect of shop room No. 10 in the ground floor of Ashutosh Building (87/2, College Street, also numbered as 43 Culootola Street) under the opposite party, namely, the University of Calcutta, at a monthly rental of Rs. 118/-, payable according to English calendar months. On June 18, 1958, the present suit for ejectment, namely, Ejectment Suit No. 971 of 1958, was filed by the opposite party University against the petitioner in the City Civil Court, Calcutta.

(3.) IN the plaint, two grounds were taken for denying to the petitioner the benefit under the relevant rent control legislation-the first was the ground of default and it was alleged that the petitioner was a defaulter in payment of rent since April, 1956; the second ground was that the suit premises was required by the opposite party University reasonably for its own use and occupation. The summons of the suit appears to have been served on the petitioner on July 17, 1958, and he entered appearance on July 31, following