JIIA ENS Vs. HINDUSTHAN ICE AND COLD STORAGE CO LTD
LAWS(CAL)-1983-9-29
HIGH COURT OF CALCUTTA
Decided on September 06,1983

JIIA ENS Appellant
VERSUS
HINDUSTHAN ICE AND COLD STORAGE CO LTD Respondents

JUDGEMENT

- (1.) A preliminary order made under section 17 (2) of the west Bengal Premises Tenancy Act. 1956 (hereinafter referred to as the said act) is the subject-matter of challenge in the present revisional application. The tenant-defendant is the petitioner before us and the order challenged is the one dated June 29, 1983, passed by the Id. Subordinate Judge, 8th Court, alipore, in Title Suit No. 22/82. The application is being heard as a contested application.
(2.) THE landlord-opposite party. instituted the above suit for eviction on the ground, amongst others, of default in payment of rent. It is not disputed that the monthly rent payable is Rs. 2,609. 50 and it is also not disputed that no rent whatsoever has been paid since january 1980.
(3.) THE tenant-defendant entered appearance in the suit and on July 21, 1982, filed an application under section 17 (2) read with section 17 (2a) of the said Act. In this application the tenant-defendant raised an objection that they are entitled to suspend payment of rent since the plaintiff landlord had suspended supply of electricity and water and has further interfered with lawful enjoyment of the demised premises. Having filed such an application, the tenant-defendant started delaying hearing of the suit as also disposal of the said application under section 17 (2) read with section 17 (2a) of the said Act. Though any number of adjournments were 1 taken to file their written statement, they did not do so until the court fixed the suit for ex parte hearing on May 12, 1983. The written statement was filed on may 11, 1983.;


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