A. K. SEN, B. C. CHAKRABARTI

( 1 ) THIS is a revisional application at the instance of the tenant-defendant arising out of a suit for eviction which has been heard on contest by plaintiff landlord. The facts relevant for out present purposes are not in dispute. The defendant-petitioner is a tenant under the plaintiff in respect of suit premises on a monthly rent of Rs. 1150/- payable according to English Calendar month. The plaintiff instituted Title Suit No. 122 of 1977 in the second court of the learned Subordinate Judge at Alipore for eviction of the defendant on certain grounds including a ground that the tenant-defendant had forfeited their protection under section 13 of the West Bengal Premises Tenancy Act (hereinafter referred to as the said Act) on the ground of default. In this suit the defendant filed two applications- one under section 17 (2) and the other under section 17 (1) read with section 17 (2a) of the said Act. The case made out in these applications was to the effect that when the defendant tendered twenty month's rent from April 1974 to November 1975 amounting to Rs. 23,000/- to the plaintiff by a cheque, the plaintiff refused to accept the same. The defendant

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