Bhaskar Bhattacharya, J. - (1.) This first appeal is at the instance of a tenant/defendant in a suit for eviction on the grounds of default in payment of rent, reasonable requirement and also on the ground of annoyance and nuisance alleged to have been created by the appellant and is directed against the judgment and decree dated November 23, 1991 passed by the learned Judge, 2nd Bench, City Civil Court, Calcutta in Ejectment Suit No. 98 of 1978 thereby passing a decree for eviction in favour of the respondents.
(2.) The aforesaid suit was contested by the appellant by filing written statement thereby denying the material allegations made in the plaint.
(3.) So far the ground of default is concerned, the appellant by complying with the provision contained in section 17(2) of the West Bengal Premises Tenancy Act ("Act") got protection under section 17(4) thereof.;