M. M. Dutt, D. C. Chakravorti, JJ.

( 1 ) THIS Rule is at the instance of the defendant Union of India representing the Indian Posts and Telegraphs Department and is directed against order no. 40 dated July 4, 1977 of the Chief Judge, City Civil Court, Calcutta rejecting the application of the petitioner for modification of order No. 27 dated July 9, 1976 passed under S. 17 (2) of the West Bengal Premises Tenancy Act, 1956, hereinafter referred to as the Act.

( 2 ) A suit for ejectment has been instituted by the plaintiffs opposite parties, as joint trustees against the petitioner on the ground of default in payment of rent since May 1972 at the rate of Rs. 1043/- per month in respect of the suit premises consisting of a portion of the ground floor of premises no. 2/2b, Harrington Street, Calcutta. The Little Russel Street Post Office of the petitioner is situate in the suit premises. The petitioner has been contesting the suit by a written statement inter alia denying therein the relationship of landlord and tenant between the opposite parties and itself. The case of the petitioner is that its tenancy of the suit premises is under one Narayan Prosad Chowdhury. The said Narayan Pro

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