- (1.) ON an application under section 115 of the Code of Civil Procedure the petitioner obtained a rule which is directed against the order dated 20. 11. 73 passed by Sri N. Samaddar, Additional Munsif, Sealdah in Title Suit No. 225 of 1961.
(2.) THE petitioner brought the aforesaid suit against the opposite parties for eviction on grounds of default and reasonable requirement alleging that the opposite parties were tenants in respect of premises No. 26a, Nilmoni Row, at a monthly rental of Rs. 50/-payable according to English Calendar month and that they defaulted in payment of rents from February, 1957 to September, 1959 which disentitled them from any protection against eviction under the premises Tenancy Act 1956. The suit was contested by the defendant opposite parties on various defences and it was ultimately dismissed toy the learned Munsif Additional Court at Sealdah. On an appeal, being Title Appeal No. 521 of 1964, the Lower Appellate Court set aside the judgment and decree of the Trial Court and decreed the suit holding the opposite parties as habitual defaulters in payment of rent and as such not entitled to any protection against eviction. The opposite parties preferred a Second Appeal, being S. A. No. 1805 of 1966. The said second appeal was dismissed on 24. 1. 72 for non-prosecution with costs. In between the dates of disposal of the appeal before the Lower Appellate Court and the second appeal section 17 (D) was inserted in the West Bengal Premises Tenancy Act by the Second Amendment Act 34 of 1969 on 14. 11. 69.
(3.) THE opposite parties filed an application under section 17 (D) for setting aside the decree for eviction oh deposit of the amounts in respect of which they were in default. The said application was opposed by the plaintiff petitioner on diverse grounds and amongst others, on the ground that the application was not maintainable and the same was barred by limitation and the previous application under section 17 (C) under the West Bengal Premises tenancy Act (Amendment) ordinances, 1967 had been rejected as not maintainable.;