Chatterjea, J. - (1.) This is a petition under Sec. 115 of the Code of Civil Procedure against an order under Sec. 17A of the West Bengal Premises Tenancy Act of 1956. The facts of the case so far as they are relevant for our present purpose may be briefly stated as follows: The petitioner was a defendant in a suit for ejectment. The plaintiff instituted the suit on the ground that she was allowed to occupy the flats in suit as a tenant for her residence by reason of her being in the service of the plaintiff landlord and that her service being dispensed with she was liable to be evicted. While the suit was pending in the trial court, rent for the months of December, 1960 and January and February, 1961 were deposited with the Rent Controller in contravention of the provision of sec. 17(1) of the Act as it then stood; the defendant should have deposited rent in the court and not with the Controller. The defence was struck out and the suit thereafter was decreed on the 10 August. 1962. An appeal was filed in this Court against that judgment.
(2.) On the 24th August, 1965, West Bengal Ordinance No. VI of 1965 (The West Bengal Premises Tenancy (Amendment) Ordinance, 1965) came into force and the coming into effect of that Ordinance on the 24th August 1965 was neither known to herself nor to her lawyer and this Court on the 25th August, 1965 passed a decree affirming the decree for ejectment of the court below and on her undertaking, granted her time to vacate till 31st December, 1965.
(3.) On the 15th November, 1965 the petitioner defendant filed an application under Sec. 17A now under consideration and she applied for relief under the provision of that Ordinance. The relief prayed for was refused and hence she has moved this Court under Sec. 115 of the Code of Civil Procedure against the order rejecting the petition under Sec. 17A of the West Bengal Premises Tenancy Act.;