Arun Kumar Mitra, J - (1.) This is an application under Section 115 of the Civil Procedure Code moved on behalf of the defendant/petitioner challenging Order No. 94 dated 23.7.2001 passed by the learned Civil Judge (Junior Division), First Court Durgapur in Title Suit No. 150 of 1997.
(2.) The above order has been passed by the learned trial Judge when disposing of the application under Sections 17(1), 17(2) and 17 (2A) of the West Bengal Premises Tenancy Act.
(3.) Admitted position as it appears from records is that the opposite party/plaintiff is the owner in respect of the suit premises mentioned in the schedule of the plaint and the defendant/petitioner was a monthly tenant under the plaintiff landlord. When the defendant/petitioner. was inducted an agreement was executed by and between the petitioner and the opposite party. Admittedly, the said agreement was executed on 1st day of 1995 and was for a period of two years, the copy of the said agreement has been made Annexure-A to this revisional application. Clause 2 and 3 of the agreement run as follows : Clause 2- that the tenant shall during the continuance of the tenancy pay to landlord monthly rent @ Rs. 1250/- which shall be payable within 7 days of every month for which such rent shall be payable viz. rent for the month of May, 1995 shall be payable within 7th day of May, 1995 upon receipt of bill of the landlord. Clause 3 - that, in case, the landlord desire to extend the tenancy after the expiry of the 2 years, when the tenant will have to pay an enhanced rent by 10% upon such agreed rent of Rs. 1250/- and such enhanced rate of rent will be enforced for another 2 years only. ;