GOPAL DAS AGARWAL Vs. DURGA BALA PRAMANICK

JUDGEMENT

(1.) The defendant in T.S. No.301-110/2000, a tenant under the landladies/plaintiffs, impugns in this application under Article 227 of the Constitution of India dated November 12, 2010 an order dated 2 August 9, 2010 passed by the learned Additional Civil Judge (Junior Division), 3rd Court at Alipore, South 24 Parganas whereby an application under Section 17(3) of the West Bengal Premises Tenancy Act, 1956 (hereafter the Act) dated May 11, 2009 filed by the landladies/plaintiffs was allowed and August 25, 2010 was fixed as the date for peremptory hearing of the suit.

(2.) In the application under Section 17(3) of the Act, the landladies referred to the order dated November 1, 2006 passed by the trial Court whereby the application under Section 17(2) of the Act filed by the tenant was disposed of and subsequent non-compliance by him in relation to depositing arrears of rent by instalments, as directed, and non-deposit of current rent from December, 2006 onwards, and prayed for an order that his defence against delivery of possession be struck off. The petitioner in his written objection took the plea that he is paying rent month by month in favour of the landladies as civil deposit and probably there is no due; however, he added that if any amount were found to be due, he is ready and willing to liquidate the same by instalments as the trial Court considers fit and proper. He, accordingly, prayed for rejection of the application.

(3.) The learned Judge after looking into the order dated November 1, 2006 found that although the petitioner had been ordered to pay Rs.2,200/- in two instalments within December, 2006, he had deposited such amount together with interest only on April 22, 2010 and there was 3 gross default on his part; therefore, the landladies were justified in their contention that the tenant has made himself liable to have his defence against delivery of possession struck off leading to the order impugned herein.