- (1.) THE instant revisional application under sec. 115 of the Civil Procedure Code has been filed by the petitioner, Kazi Abdul hossain alias Abul Hossain who is the defendant in the Title Suit No. 5 of 1972 pending before the Court of the 3rd Munsif, How rah against an order dated 21. 12. 1972 passed by the learned munsif rejecting the application under section 17 (2) read with sec. 17 (2a) of the West Bengal Premises Tenancy act, 1956 filed by him. The plaintiff opposite party is Fazutr Rahaman and bros, having there office at Howrah.
(2.) THE plaintiff's case, in short, was that the defendant was a tenant in respect of the suit premises a monthly rental of Rs. 22/- payable according to english calendar month. The plaintiffs filed the suit to evict the defendant from the suit premises on the ground that the later was a defaulter in payment of rent since June, 1970, the suit was filed on 7. 1. 72.
(3.) THE defendant appeared in the trial Court and filed an application under sec. 17 (2) read with Sec. 17 (2a)of the West Bengal Premises Tenancy act, 1956 stating that it was not correct that he was a defaulter in payment of rent since 'june, 1970. His case was that he had already paid rents to the plaintiffs till the month of May, 1970 and thereafter he further amicably paid rents for six months from June, 1970 to November, 1970 to the plaintiffs, but without any receipt. By this petition the defendant prayed for determination of the period in default. If any, and pass necessary orders for [payment of the dues by easy instalments by extending time as the Court may think fit.;