Sudhindra Mohan Guha, J. - (1.) This application for revision is directed against the order dated 11th Feb., 1980 passed by Sri A. K. Bhattacharya, Munsif, 1st Court, Sealdah dismissing the application under Section 17 (2) of the West Bengal Premises Tenancy Act.
(2.) The opposite party instituted a suit being T. S. No. 194 of 1977 against the petitioner for ejectment on the ground of default in respect of the suit flat at the third floor at premises No. P/271/B. C. I. T. Scheme No. VI -- M. Baliaghata, which the petitions was occupying at a monthly rent of Rs. 266/- payable according to English Calendar. The allegation was that the petitioner failed to pay monthly rent from Sep., 1976 and lift charges from Aug., 1976.
(3.) In the application under Section 17 (2) the relationship of landlord and tenant was disputed. It was also pointed out that in Aug., 1976 the lift of the tenanted premises went out of order and the petitioner filed an application under Section 34 (1) of the Act before the Rent Controller, Calcutta, in Dec., 1976 for restoration or repair of the lift and obtained an order on 3rd May, 1977 requiring the opposite party to restore the services of the lift immediately and to make other repairs. The petitioner under Section 17 (2) of the Act also prayed for determination of the abatement of rent by way of suspension and also to determine the quantum of rent since Aug., 1976.;