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1970 Supreme(Cal) 218

S.C.GHOSH
AMIYA DE – Appellant
Versus
DHIRENDRA NATH MANDAL – Respondent


S. C. GHOSE, J.

( 1 ) THIS is an application made by the defendant, inter alia, for relief against forfeiture of the tenancy made by the decree passed by consent in the instant case. The defendant was a tenant under the plaintiff in respect of 35-B, Gopi Mohan Dutt Lane, Calcutta, under an indenture of lease dated June 15, 1954. The defendant having committed defaults in performing the covenants which he was to perform under the lease, the said lease was determined and a suit for ejectment was filed in this Court on or about 28th May, 1969. The tenancy of the defendant in respect of the premises was determined by reason of his default in payment of rent for the months of January, February, March and April, 1969. The defendant after being served with the Writ of Summons in this suit duly entered appearance and filed the Written Statement. Discoveries were made by the parties to the suit. The suit appeared in the peremptory list of A. N. Sen, J. on 22nd April, 1970. On or about 22nd April, 1970, a decree by consent in the said suit was passed to the following effect:"by consent it is decreed that the defendant would deliver up to the plaintiff quiet vacant and peaceful possession of



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