( 1 ) THIS rule has been obtained by the tenant defendant in a suit for ejectment instituted by the landlord opposite party on the ground of default in payment of rent. In the said suit the plaintiff opposite party filed an application for amendment of the plaint by introducing the ground of reasonable requirement of the suit premises for his own use and occupation. This application for amendment was allowed by the trial court. Against the said order the tenant defendant has obtained the present rule.

( 2 ) THE facts which are relevant for the purpose of present rule are as follows : In the year 1967 the plaintiff opposite party instituted a suit for eviction against the defendant petitioner on the ground of default. That was Title Suit No. 309 of 1967. In that suit the trial court found that the defendant petitioner was a defaulter in payment of rent for some months. In spite of this finding the suit was dismissed on the ground that there had been substantial compliance with Sub-section (1) of Section 17 of the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as 'the Act' ). The trial court therefore found that the defendant petitioner was entitled to pr