( 1 ) THIS reference to the Special Division Bench arises out of a Civil Revision case relating to proceedings under Sub-sections ( ) and (3) of Section 17 of the West Bengal Premises Tenancy Act, 1956. The opposite party landlord instituted a suit against the petitioner tenant on 14th September, 1960, for recovery of possession of premises No. 26/1/ic, Rupnarayan Nandan Lane, in P. S. Bhowanipore Dist. 24-Parganas, on the ground in Clause (k) of Sub-section (1) of Section 13 of the West Bengal Premises Tenancy Act, 1956. The Writ of Summons in the suit was served upon the tenant on 3oth October, 1960, and the tenant entered appearance in the suit on 4th November, 1960. The tenant deposited with the Rent Controller the rent for the months of November and December, 1960, on 14th December, 1960, and nth January, 1961, respectively. On 17th January, 1961, the tenant filed his written statement. On 27th January, 1961, the landlord filed an application under Section 17 (3) of the West Bengal Premises Tenancy Act, 1956, for striking ont the defence of the tenant. On 10th March, 1961, the tenant filed an application under Section 17 (2) of the Act for determination or adjustment of rent.

Click Here to Read the rest of this document