Hrishikesh Banerji, J. - (1.) The suit out of which the present Second Appeal arises was filed on April 30, 1976 in the 5th Court of Munsif, Alipore by the plaintiff/respondent against the defendant/appellant for eviction of the latter on the grounds, inter alia, of default in the payment of rent of Rs. 100/- per month from may, 1973 to March, 1976 and reasonable requirement of the suit premises at 424/2, Jayrampur Jala Road, Calcutta-50, for own use and occupation.
(2.) Appearing in the suit the defendant filed an application on September 21, 1976 under Section 17 (2) read with Section 17 (2A) of the West Bengal. Premises Tenancy Act, 1956 (the '1956 Act' for short). In the said application the defendant denied that there was any relationship of landlord and tenant between him and the plaintiff.
(3.) By his order dated February 2, 1978 the learned Munsif, 5th Court, Alipore disposed of the aforesaid application directing the defendant to pay arrears of rent together with statutory interest amounting in total to Rs. 3163/- by 39/equal monthly instalments and the balance amount by an additional instalment.;