PRAFULLA SARDAR Vs. MAMATA SAHA

JUDGEMENT

(1.) This application is at the instant of the defendant and is directed against the order no.48 dated June 29, 2006 passed by the learned Civil Judge (Junior Division), Fourth Court, Alipore in Title Suit No.21 of 1998 directing the petitioner to deposit arrears of rent by 4 equal monthly instalments at the rate of Rs.950 per month.

(2.) The short fact is that opposite party instituted a suit being Title Suit No.21 of 1998 for eviction and recovery of possession on the ground of default, reasonable requirement, causing damages, etc. In that suit, the defendant/petitioner filed an application under Section 17(2) and 17(2A) of the West Bengal Premises Tenancy Act, 1956. That petition was disposed of by the learned Trial Judge holding that whether the opposite party is a thika tenant or not shall be decided at the time of trial and for disposal of the application under Section 17(2) and 17(2A) of the Act of 1956, it was held that the petitioner was a defaulter in payment of rent from July, 1998 to May, 2006 at the rate of Rs.30 per month payable according to English calendar month. Accordingly, the learned Trial Judge held that the petitioner was to pay the sum of Rs.3,800/- as arrears of rent by four equal monthly instalments commencing from the month of July, 2006. Being aggrieved by the impugned order, this application has been preferred.

(3.) The question is whether the impugned order can be sustained.