GAYA PRASAD KAR Vs. SUBRATA KUMAR BANERJEE

JUDGEMENT

(1.) This appeal pursuant to leave granted is directed against the judgment and order dated 18-2-2003 passed by a learned single Judge of the Calcutta High Court in a Civil Revision Application being C.O.No. 472 of 2000 wherein the respondent before us, who was the landlord, had challenged the Order dated 24-1-2000 passed by the learned Civil Judge (Junior Division), 3rd Court at Howrah in Title Suit No.181 of 1995. By the said order the learned court disposed of the petition filed under Section 17 (2) and (2A) of the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as the Act) by the appellant herein who was the tenant and declaring that the appellant-tenant was not a defaulter in payment of rent.

(2.) The respondent before us claims to be the absolute owner of the premises situated at Holding No. 252/4, Panchanantala Road, Howrah-711101, since his purchase of the property by a registered deed of conveyance dated 16-3-1992. After attornment, the appellant became the tenant under the respondent in respect of the suit premises at a rental of Rs. 40/- per month according to the English calendar. According to the respondent-landlord, the appellant-tenant was a statutory defaulter as he failed and neglected to pay the monthly rents since the month of March 1994. Since, according to the respondent-landlord, the suit premises was also reasonably required by him for his own use and occupation and for the benefit of his dependents and family members, the respondent-landlord sent a notice to the appellant-tenant under Section 13 (6) of the Act calling upon the appellant-tenant to quit and vacate the tenanted premises upon the expiry of the month of March 1995 or upon expiry of the month of tenancy which would expire after a month from the date of receipt of the notice. Inasmuch as, in spite of having received the notice, the appellant-tenant failed to vacate the suit premises, the respondent-landlord was compelled to file a suit for eviction against the appellant-tenant, being Title Suit No.181 of 1995, in the Court of Third Munsif at Howrah, inter alia praying for a decree of eviction against the appellant-tenant and for delivery of possession of the suit premises in favour of the respondent-landlord.

(3.) The appellant-tenant was served with summons of the suit on 27-5-1995 and with the leave of the Court he began depositing the monthly rents for the suit premises in court with effect from the month of July 1995. Prior to the said period, as will appear from the materials on record, the rent for the month of March 1994 was tendered by the appellant-tenant to the respondent-landlord on 2nd April 1994 and 25th April 1994 respectively, but the Money Orders were refused by the respondent-landlord on 9th April 1994 and 29th April 1994. The appellant-tenant thereafter deposited the rents for the months of March, April and May 1994 with the Rent Controller, Howrah, and continued to deposit the rents regularly with the said Rent Controller up to June 1995.