Sinha, J. - (1.) : The defendants-tenants have filed this appeal being aggrieved by and dissatisfied with the judgment and decree dt. 27.4.1982 passed by P. Dutta, Judge, 2nd Bench, City Civil Court at Calcutta in Ejectment Suit No. 498 of 1976.
(2.) One Dr. P. K. Roy Chowdhury whose heirs and legal representatives are the appellant was said to be a monthly tenant la the suit premises consisting of 2 rooms and the garage at 2B, Scott Lane, Calcutta-9 in the estate of Lt. Biman Chandra Bose of which the plaintiff the landlord being the sole executor of a Will at a monthly rental of Rs. 53/-. The suit for ejectment was filed by the plaintiff on the ground that the defendant defaulted in payment of rent from January 1975 and the defendant had sublet a major portion of the suit premises without his consent in writing after the enforcement of the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to for the sake of brevity as 'the said Act') and that the suit premises was being used for business purpose without his consent. The defendant filed a written statement denying the said allegations The learned trial Judge, in view of the pleadings of the parties, Inter alia, framed the following issues:- "1. Is the defendant defaulter as alleged 2. Has the defendant sublet or transferred a portion of the tenancy as alleged 3. Have the defendants and sub-tenants used the suit premises otherwise then for residence as alleged -
(3.) In view of the fact that in terms of an order dated 16.8.78' passed under Section 17(2) of the Act that defendant was directed to deposit all arrears of rent by instalments and the said direction has beet complied with, admittedly he is protected in terms of Section 17(4) of the said Act so far on the ground of default is concerned.;