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1981 Supreme(Cal) 53

CHITTATOSH MUKHERJEE
LAXMI NARAYAN SAHA – Appellant
Versus
DURGAPADA KARMAKAR – Respondent


Advocates Appeared:
BHASKAR GHOSH, SYAMA CHARAN MITTER, Syama Prasanna Roy Choudhury

CHITTATOSH MOOKERJEE, J.

( 1 ) THE landlord opposite party has instituted a suit against the present petitioner in the 2nd Court of the Munsif, Katwa for ejecting him from the suit premises, inter alia, on the allegation that the defendant-petitioner had committed default in payment of rents from Magh, 1375 B. S. to Shravan, 1385 B. S. and, therefore, he was liable to be evicted under Section 13 (1) (i) of the West Bengal Premises Tenancy Act, 1956. He has also prayed for eviction of the defendant tenant on the ground that he reasonably required the suit premises for his own use and occupation and also for building and rebuilding within the meaning of Clauses (f) and (if) of Section 13 (1) of the said Act.

( 2 ) AFTER entering appearance in the said suit on December 19, 1978, the defendant tenant made a combined application under Sub-sections (2) and (2-A) (b) of Section 17 of the West Bengal Premises Tenancy Act, 1956. He, inter alia, alleged that a part of the arrears of rent had already become barred by limitation and that he was only liable to deposit or pay arrears of rent for a period of three years preceding the date of the institution of the suit. He prayed that the said




















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