Sankar Prasad Mitra, J. - (1.) This Rule is directed against an order of the Sixth Subordinate Judge, Alipore, being Order No. 56 of the 10th November, 1970, in Title Suit No. 3 of 1964 (Sagarmal Bengani v. Pokarmal Gurudayal) rejecting the defendant's application under Section 17-B (1) of the West Bengal Premises Tenancy Act, 1956 and another application under Section 5 of the Limitation Act. The facts briefly are as follows: On January 21, 1964, Sagarmal Bengani filed Title Suit No. 3 of 1964 before the Subordinate Judge, Sixth Court, Alipore against Messrs. Pokarmal Gurdayal for ejectment of the defendant from a godown at premises No. P-3, Brojodayal Saha Boad, Cossipore, on the ground of default in payment of rent since April, 1963. On the 27th March, 1965, the Court passed an order under Section 17 (3) of the West Bengal Premises Tenancy Act, 1956, striking out the tenant's defence against delivery of possession. On May 5, 1965, the tenant applied for relief against forfeiture under Section 114 of the Transfer of Property Act. On May 20, 1965, the application for relief against forfeiture was rejected. On June 26, 1965, the suit was dismissed; but the landlord preferred an appeal to which we would revert a little later.
(2.) On the August 24, 1965, West Bengal Ordinance No. VI of 1965 was promulgated. Section 17-A (1) of this Ordinance was as follows:-- "Where any decree or order for the recovery of possession of any premises has been made in a suit or proceeding in which the defence against delivery of possession was struck out by an order under Sub-section (3) of Section 17, but the possession of such premises has not been recovered from the tenant by the execution of such decree or order, the tenant may make an application to the Court which made such decree or order within a period of sixty days from the commencement of the West Bengal Premises Tenancy (Amendment) Ordinance, ] 965, for setting aside such decree or order."
(3.) This Ordinance was promulgated by the Governor of West Bengal on August 21, 19G3 and was published in the Calcutta Gazette Extraordinary on the August 24, 1965. The provisions of this Ordinance were also enacted by the West Bengal Legislature by the Act 29 of 1965. Section 17-A of that Act ran thus:-- "17-A. Power of Court to set aside decree or order for ejectment in certain cases. (1) Where any decree or order for the recovery of possession of any premises has been made in a suit or proceeding in which the defence against delivery of possession was struck out by an order under subsection (3) of Section 17, but the possession of such premises has not been recovered from the tenant by the execution of such decree or order, the tenant may make an application to the Court which made such decree or order within a period of sixty days from the commencement of the West Bengal Premises Tenancy (Amendment) Ordinance, 1965, for setting aside such decree or order. .......".;