CHANDRA SHEKHAR PANDEY Vs. NANDITA GHOSH

JUDGEMENT

(1.) The plaintiffs' suit for eviction was decree on contest on the ground of default in payment of rent. The defendant was aggrieved by the said decree passed by the learned Trial Judge. Hence he preferred an appeal being Title Appeal No. 11 of 2007. The landlords/opposite parties also filed a cross-objection in the said appeal. The tenant also filed an application under Order 41 Rule 27 of the Code of Civil Procedure for adducing additional evidence in the said appeal. The said appeal was ultimately allowed on 29th May, 2009. The cross-examination which was filed by the landlord/respondents was rejected. The suit was remanded back to the learned Trial Judge for a limited purpose as indicated in the body of the said judgment.

(2.) While disposing of the said appeal by passing the said order of remand, the defendant was directed to deposit all arrear amount equivalent to the rent last paid in the Trial Court positively within one month from the date of the judgment passed in the said appeal. The defendant was also directed to go on depositing the current amount equivalent to rent in the Trial Court month-by-month in terms of the provision contained in section 17 of the West Bengal Premises Tenancy Act, 1956. The learned Trial Judge was also directed to consider as to whether the defendant is entitled to get the relief under section 17(4) of the said Act.

(3.) Admittedly, the defendant (tenant) did not deposit the arrear rent as well as the rent for the current months within the time, which was fixed by the learned Appeal Court while disposing of the said appeal. The defendant deposited the arrear rent as well as the rent for the month of July, 2009 on 4th August, 2009.