( 1 ) THIS first appeal is at the instance of a defendant in a suit for eviction and is directed against the Judgment and Decree dated 25th June. 2003 passed by the learned Judge, 5th bench, City Civil Count at Calcutta in Ejectment Suit No. 166 of 1996 thereby passing a decree for eviction of the present appellant on the ground of default in payment of rent with the observation that the defendant, in an earlier suit having obtained relief under section 17 (4)of the West Bengal Premises Tenancy Act ("act"), was not entitled to get further benefit of protection under that provision of the Act.

( 2 ) THE respondent No. 1 along with one Arun Chandra Lahiri. since deceased, the predecessor-in-interest of respondent Nos. 2 (a) and 2 (b)filed a suit being Ejectment Suit No. 166 of 1996 against the appellant on the ground of default in payment of rent from September, 1993.

( 3 ) THE case made out by the plaintiff-respondents may be summed up thus: (a) One Mrs. Kanwal Madan, the proforma defendant was the original owner of the suit property. On 29th May, 1986 the said Mrs. Kanwal Madan delivered possession of the flat to Shri Ashok chandra Lahiri. the husband of