S. K. MOOKHERJEE, J.

( 1 ) THE present Revisional application is at the instance of a tenant and is directed against Order No. 45, dated 21. 7. 1987 passed by the Learned Munsif, 3rd Court, Howrah, in Title Suit No. 146 of 1982. Admittedly, in the instant case, the rents for March and April, 1982 had been deposited with the Rent Controller on 11th of June, 1982. The plaintiff-opposite party filed an application under Section 17 (3) of the West Bengal Premises Tenancy Act praying for the defence of the tenant/defendant being struck out in view of the aforesaid belated invalid deposits. On behalf of the tenant, an application with a prayer for treating the Application under Section 17 (1) of the West Bengal Premises Tenancy Act as one under Sections 17 (2) and (2a) of the said Act and for extending the period for deposit had been preferred. By the impugned order the learned Munsif has disposed of both the applications dismissing the application of the defendant and allowing the plaintiff's application under Section 17 (3) of the West Bengal Premises Tenancy Act.

( 2 ) FROM the impugned order it appears that the learned Munsif found as a fact that the delay in making deposits of the

Click Here to Read the rest of this document