KALICHARAN GANGULY Vs. RAMESWARLAL AGARWALLA

JUDGEMENT

(1.) THIS is a suit for ejectment on the ground of the tenancy having been determined ipso facto by reason of default in paying rent for three successive months. The suit was filed in September 1949 when the West Bengal Premises Rent Control Act of 1948 was in force.

(2.) THE plaintiff let out the premises concerned to the defendant as a monthly tenant with effect from 1st November 1948 at a rent of Rs. 200/ - per month. The terms of the tenancy were incorporated in a document which was executed on 17th October 1948.

(3.) THE defendant's case as pleaded is that at the time of the agreement setting out the terms of the tenancy he paid to the plaintiff Rs. 1000/ - as salami and Rs. 100/ - as pleader's fees in connection with the agreement. According to him, he was subsequently advised that the payment of a salami was illegal and that the said sum of Rs. 1000/ - was refundable. His case further is that when in June 1949 he threatened the plaintiff with legal proceedings to recover the said amount, the parties, agreed that the said salami and the advance deposit of Rs. 200/ - which the defendant had paid to the plaintiff would be set off against rent for the months of July to December 1949. Thus according to the defendant, no rent was due to the plaintiff at the date of the institution of the suit. This case is set out both in para. 8 of the defendant's affidavit sworn on 4th January 1950 and in para. 4 of his written statement. The said affidavit was used in opposition to the plaintiff's application for summary judgment under Chap. 13A, Original Side Rules.