- (1.)Charu Panna Seal started Ejectment Suit No.1832 of 1958 on 8.10.58 in the City Civil Courts for eviction of Gurudas Biswas from suite no. 1 on the first floor of premises no.1, Jatindra Mohan Avenue.
(2.)In the plaint she stated that she had terminated the tenancy of Gurudas by serving a "notice to quit" on him on 13.8.58 asking him to vacate the premises on the expiry of the last day of September, 1958. She further stated in the plaint that Gurudas had disentitled himself to protection from eviction having "defaulted in the payment of rents for the suit premises from December, 1954".
(3.)Gurudas contested the suit filing a written statement. He denied that he was a defaulter in the payment of rents. He also denied receipt of the notice to quit and stated that the notice dated 13.8.58 was illegal, insufficient and void and had not determined his tenancy under Charu Panna. Gurudas, the defendant, appeared in the suit on 12.3.59 and on the same day filed a petition praying for "leave" to deposit rents for the months of January and February, 1959 and the subsequent current rents, month by month. The learned Judge by his order No.5 dated 12.3.59 granted it. After the issues were framed in the suit the plaintiff filed on 5.5.59 a petition under section 17(3) of the West Bengal Premises Tenancy Act with the prayer to strike out the defendant's "defence against delivery of possession". This petition under section 17(3) was taken up for hearing on 22.6.59 when the learned Judge made the following order: -
"Petition under section 17(3) is taken up. Heard lawyers appearing on both sides. As the facts necessary to decide question of default which is one of the issues framed in the suit also are involved in the application under section 17(3) of the West Bengal Premises Tenancy Act, it is desirable that both the matters should be heard on the same date and as such, the petition under section 17(3) is left for consideration at the trial".