SOUMEN KUMAR GHOSH Vs. RAJENDRA KR BAGARIA
LAWS(CAL)-1996-12-10
HIGH COURT OF CALCUTTA
Decided on December 24,1996

SOUMEN KUMAR GHOSH Appellant
VERSUS
RAJENDRA KR.BAGARIA Respondents


Referred Judgements :-

JAINARAIN AGARWALA V. S.BANERJEE [REFERRED TO]


JUDGEMENT

A.K.Dutta, J. - (1.)This Revisional Application under section 115 of the Code of Civil Procedure (hereinafter referred to as Code) is directed by the plaintiffs petitioners (hereinafter referred to as plaintiffs) against the Order dated 17th July, 1989 passed by the teamed Munsif, 1st Court at Sealdah, in title suit No. 58 of 1983 before him, for the reasons stated and on the grounds made out therein.
(2.)By the aforesaid impugned Order (dated 17.7.89) the learned Munsif has disposed of the application filed by defendant No.1 under section 17(2) of the West Bengal Premises Tenancy Act (hereinafter referred to as Act) in terms thereof, holding that the said application has been filed in time, and that nothing is due to plaintiffs by the defendant towards rents for the suit premises, signifying that there was no default on the part of the defendants in paying rents in respect of the suit premises.
(3.)The impugned order is challenged by the plaintiffs mainly on the grounds that (i) the relevant two applications filed by the defendants Nos. 1&2 separately under section 17(1) & 17(2) of the Act are barred by limitation, (ii) that default having been admitted by the contending defendants the learned Munsif was not justified in holding to the contrary, and (iii) the D.W.I Bijoy Kumar Jalan having admitted in his evidence that M.O. was remitted in the name of the plaintiff No.2 alone, and deposits of rent having been made accordingly, the deposits made by the defendants cannot be held to be valid deposits.
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