The revisionist, by this revisional application, challenged the order impugned being Order No. 28 dated 10th February, 1992 passed by the Learned Munsif, 3rd Court, Alipore in T. S. No. 37 of 1988 allowing the petition of the tenant/defendant under S. 151 of the C.P.C. restoring the petitions of the tenant/defendant under Ss. 17(2) and 17(2A) of the West Bengal Premises Tenancy Act.

2. The plaintiff/landlord instituted a suit being T.S. No. 37 of 1988 in the 3rd Court of Munsif, Alipore for eviction of the tenant/defendant from one of the rooms of the suit premises being No. Q-421, 5antoshpur Road, P.S. Metiaburuj, Calcutta-700 024 wherein the defendant/tenant was inducted as a monthly tenant at a monthly rental of Rs. 40 payable according to English calendar month, on the ground of reasonable requirement and for default in payment of rent since Bhadra 1394 B.S.

3. The tenant/defendant, the present opposite party, entered appearance in that suit on 21-3-88 and time was allowed for filing written statement.

4. The defendant filed two applications under Ss. 17(2) and 17(2A) respectively of the West Bengal Premises Tenancy Act (hereinafter shall be referred to as "the Act") on 31-3