Ashis Kumar Chakraborty, J.

The second appeal, at the instance of the defendant-tenant has been filed against the judgment and decree passed by the learned 10th Court of Additional District Judge at Alipore, in Title Appeal No. 145 of 2007 affirming the judgment and decree for eviction passed by the learned Civil Judge (Senior Division), 4th Court, Alipore in the ejectment suit being Title Suit No. 125 of 2000, on the ground of default of payment of rent.

2. At the time of admission of the second appeal, the Division Bench directed that the appeal will be heard on the following substantial question of law:-

"Whether the learned Judges in the Courts' below substantially erred in law and on fact in rejecting the application under Section 151 of the Code of Civil Procedure filed by the defendant-tenant for condonation of delay in depositing the arrears of rent."

3. After receipt of notice of the second appeal, the respondents also filed a cross-objection under Order 41, Rule 22 of the Code of Civil Procedure, 1908 against the judgment and decree of the first appellate Court affirming the judgment of the trial Judge rejecting the ground of eviction that the defendant appellant ha