SABITRI SHAW Vs. KALYAN KUMAR BOSE

JUDGEMENT

(1.) IN the instant revisional application order no. 137 dated 9. 10. 85 and order no. 146 dated 6. 3. 86 passed by the learned Munsif, 2nd Additional Court, Alipore in Title Suit No. 34 of 1972 are under challenge.

(2.) PARTIES filed the Ejectment Suit against the petitioner being Title Suit No. 280 of 1969 in 4th Court of the Learned Munsif at alipore on the ground of default and subletting. The petitioner is contesting the suit by filing a written statement denying the material allegations in the plaint.

(3.) IN the aforesaid suit the opposite parties filed an application under section 17 (3) of the West Bengal Premises Tenancy Act for striking out the defence of the petitioner against delivery of possession, firstly on the ground that the petitioner did not comply with the provisions of Section 17 (1) of the said Act by not depositing the rent for the months of March 1976. May 1977, September 1978, March 1979 and May 1980 within the prescribed period and secondly on the ground that the opposite parties did not deposit the rent for the month of April 1979, January and February 1975, April and May 1973 at all.