- (1.) This Court has heard the learned Advocates for the respective parties and has considered the materials on record.
(2.) The facts of the case, briefly, are as follows: The respondents in the instant appeal were plaintiffs in the suit for eviction brought against the defendant/appellant. The said suit was numbered as Ejectment Suit No.1355 of 1976 and was subsequently re-numbered as Ejectment Suit No. 2073 of 2000 and the said suit was placed before the learned 5th Bench, Small Causes Court at Calcutta.
(3.) The plaintiffs in the said suit prayed, inter alia, for khas possession of the suit premises against the defendant/appellant. The plaintiffs' case was that the defendant was a monthly tenant under the plaintiffs in respect of one upper flat, one lower flat and a shop room at premises No.2, Draper Lane, Calcutta-69 at a monthly rental of Rs.275/- per month payable according to the English Calendar and the said tenancy was determined by appropriate notice under Section 13(6) of the West Bengal Premises Tenancy Act, 1956 and such notice was served upon the defendant. The plaintiffs' further case was that the defendant had earlier obtained relief in respect of his tenancy under Section 17(4) of the said Act of 1956 in connection with the Ejectment Suit No.65 of 1970. However, according to the plaintiffs, the defendant again committed default for four months within a period of 12 months and, thus, the defendant is not entitled to get any protection from eviction as contemplated under the proviso to Section 17(4) of the said Act of 1956.;