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1987 Supreme(Cal) 248

S.K.MUKHERJEE
BEHARI LAL SHOW – Appellant
Versus
STATE – Respondent


Advocates Appeared:
B.K.RAI, M.DAS MAJUMDAR, T.PAL

S. K. MOOKHERJEE, J.

( 1 ) - The present Revisional Application is directed against an order being No. 71, dated 18. 2. 86 passed by the learned Munsif, Second Court, Alipore, in Title Suit No. 228 of 1983.

( 2 ) THE landlord of the suit premises, wherein the opposite party, is a tenant, is the petitioner in the said Revisional Application. The tenant/opposite party filed a belated application under, Sections 17 (1), 17 (2) and 17 (2a) of the West Bengal Premises Tenancy Act with an application for condonation of delay, which had been allowed by the learned Munsif by the impugned order. The extent of delay, as found by the court below, is sixty-seven days. 2a. In support of the Revisional Application, Mr. Rej has strongly contended that the delay does not deserve condonation as the reasons advanced on behalf of the tenant/opposite-party before the Court below clearly indicate that the delay occurred due to gross and inexcusable legal advice and not due to any bona fide mistake either on the part of the tenant / opposite-party or his lawyer. Apart from the contradictions in the averments made in the application for condonation of delay, the evil tendered on behalf of the tenant /







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