S.K.Mookherjee, J. - (1.) - The present Revisional Application is directed against an order being No. 71, dated 18.2.86 passed by the learned Munsif, Second Court, Alipore, in Title Suit No. 228 of 1983.
(2.) The landlord of the suit premises, wherein the opposite party, is a tenant, is the petitioner in the said Revisional Application. The tenant/opposite party filed a belated application under, Sections 17(1), 17(2) and 17(2A) of the West Bengal Premises Tenancy Act with an application for condonation of delay, which had been allowed by the learned Munsif by the impugned order. The extent of delay, as found by the court below, is sixty-seven days. 2a. In support of the Revisional Application, Mr. Rej has strongly contended that the delay does not deserve condonation as the reasons advanced on behalf of the tenant/opposite-party before the Court below clearly indicate that the delay occurred due to gross and inexcusable legal advice and not due to any bona fide mistake either on the part of the tenant / opposite-party or his lawyer. Apart from the contradictions in the averments made in the application for condonation of delay, the evil tendered on behalf of the tenant / opposite party before the court below, Mr. Rej has submitted, unequivocally shows that lawyer or lawyers who were in-Charge of the defence did not reasonable care and skill resulting in default of the tenant/opposite-party in making the requisite application and such mistake if lawyer cannot entitle the defendant / opposite party to a condonation of such default. In fine, Mr. Rej has challenged the propriety and correctness of the findings made by the court below on the basis of which the impugned order has been passed on the ground that in arriving at such findings the court below acted illegally and with material irregularity in the exercise of its jurisdiction by making out a case not made by the defendant/opposite party himself, overlooking the incongruities between evidence and pleading.
(3.) Mr. Rej in support of the approach he relied on a number of decisions viz. Indo sing Bejwa versus Calcutta Corporation reported in A.I.R 1969 Calcutta 418, Rajputana Trading Co. versus Malaya Trading Co. reported is, 1971 Calcutta 313, Surendra versus Mahendra reported in 36 C.W.N Bhakti Bhuson Mondal versus K E. Bandopadhayay AIR 1963 Calcutta 69.;