BIDYUT BARAN DE Vs. SHYAM CHAND SEN

JUDGEMENT

(1.) In the instant application under Article 227 of the Constitution of India the petitioner has challenged an order dated 29.09.2010 passed by the learned trial Judge whereby the learned Judge has, inter alia, directed the opposite party no. 1/defendant to deposit arrear rents determined of Rs. 30,875/- under Section 7 (2) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as the Act of 1997) in 36 equal instalments of Rs. 858/- within one month from the date of the order.

(2.) The short compass of facts giving rise to the impugned order is that the petitioner/landlord filed a suit for eviction on the ground of default and reasonable requirement against the opposite party no. 1/tenant under Section 6 of the Act of 1997. In the said suit, the tenant after entering appearance filed an application under Section 7 (1) and (2) of the Act of 1997, inter alia, praying for depositing current rate @ 125 per month from the month of Kartic 1415 B.S. and also for determination of arrear rent, if any, with a further direction to permit him to deposit such arrears in easy instalments.

(3.) Having heard the parties, the learned trial Court disposed of the aforesaid application by impugned order dated 29.09.2010 directing the opposite party no. 1/tenant to deposit current monthly rent @ 125 per month payable by the 13th of each succeeding month and also directing to deposit all arrear rent to the tune of Rs. 30,875/- in 36 equal instalments of Rs. 858/- within one month from the date of the order.