Natarajan, J. - (1.) This appeal by special leave is by a tenant and is directed against the judgment of the Calcutta High Court in an appeal against Appellate decree No. 1700 of 1972. The defence of appellant in the suit filed by the first respondent for eviction was struck out and thereafter a decree for eviction was passed and the said decree was confirmed by the Appellate Court and the High Court and hence this appeal by special leave.
(2.) During the pendency of the suit the first respondent had entered into an agreement for sale of his building in which the suit property forms the ground floor to one Ramdin Singh Agarwala but subsequently executed a sale deed in favour of one Chidanand Halder. Ramdin Singh Agarwala filed a suit for specific performance in the Court of the Sub-Judge, Alipore, and obtained a decree. The subsequent purchaser Chidanand Halder has filed an appeal against the judgment and decree in the said suit and the appeal is pending disposal before the High Court. Both the parties, claiming to have acquired title to the building of which the suit property forms a part have filed CMP Nos. 19671 and 32297 of 1986 seeking impleadment in this appeal.
(3.) The first respondent who succeeded to the suit property after the death of his father filed a suit against the appellant and its director the second respondent for ejectment on the ground of default in payment of the monthly rent of Rs. 550/- from March, 1965 to July, 1966. The appellant filed a written statement denying the default in payment of rent and also filed an application under S. 17(2), West Bengal Premises Tenancy Act, 1956 (for short the Act) to seek the orders of the Court regarding the amount of rent payable to the landlord.;