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A. P. SEN, V. D. TULZAPURKAR, Y. V. CHANDRACHUD
Rajendra Nath Kar – Appellant
Versus
Gangadas – Respondent
Judgment
CHANDRACHUD, CJI.:- On November 27, 1962 respondents filed a suit for eviction against the appellant under the West Bengal Premises Tenancy Act, 1956 ("The Act") on the ground that the appellant was in arrears of rent, that he had sub-let the premises and that the respondents required the premises for their personal use. The summons of the suit was served on the appellant on Jan. 9, 1963 and he deposited the arrears of rent within a period of thirty days thereafter i.e. on February 5, 1963. On July 10, respondents filed an application under S. 17 (3) of the Act for striking off the defence of the appellant on the ground that though the appellant had deposited the arrears of rent, he had not deposited the interest due on the arrears, as required by S. 17 (1) of the Act. By an order dated July 25, 1963 the trial court accepted the respondents contention and struck of the appellants defence. On August 26, 1963 the appellant filed a civil revision application in the Calcutta High Court against that order but it was dismissed by the High Court on April 4, 1968.
2. Between August 26, 1963 when the appellant filed the revision application in the High Court and April 4, 1968 when th
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