SEN AND CO Vs. MANI MALA SADHU

JUDGEMENT

(1.) This application for Revision is directed against the order dated 8th January 1977 passed by Shree S. C. Chakravorty, the learned Judge, 7th Bench, City Civil Court, Calcutta in Ejectment Suit No. 5 of 1974 allowing an application under Section 17 (3) of the West Bengal premises Tenancy Act 1956 and striking out the defence of the petitioner against ejectment.

(2.) The opposite party Sm. Mani Mala Sadhu instituted a suit being Ejectment Suit No. 5 of 1974 against the petitioner M/s. Sen and Company for recovery of possession of two rooms on the ground floor of the premises at 130, Balaram Dey Street, Calcutta. The tenancy was being held on a rental of Rs. 34.88 paise inclusive of electric charges. After appearance the petitioner filed three applications-- one under Section 17 (1) praying for permission to deposit the current rent since April 1974, the second application was filed disputing the relation of landlord and tenant, rate of rent and the amount in arrear, and the third one was filed praying for deposit of the amount in arrear, found by the Court by easy instalments. All the three applications were allowed and the petitioner was directed to pay or deposit the arrear amount of rent at the rate of Rs. 70 per month and also to pay or to deposit the current rent month by month within the 15th day of each succeeding month.

(3.) In pursuance of the said order and in agreement between the parties the petitioner regularly paid the instalments as well as the current rent month by month to the learned Advocate for the plaintiff opposite party on proper receipts. But the rent for the month of February 1976 and that for the month of March 1976 had been paid on 25-3-76 and 16-4-76 respectively to the learned Advocate for the opposite party who granted receipts for the same and filed joint petitions in Court acknowledging the said payments. But in spite of acceptance of the aforesaid payments the opposite party filed an application under Section 17 (3) of the Act for striking out the defence of the petitioner against ejectment. By an order dated 8-1-77 the application under Section 17 (3) of the Act was allowed.