SRI CHITTARANJAN CHOWDHURY Vs. SRI DILIP KUMAR GHOSH

JUDGEMENT

(1.) THIS revisional application is directed against the order dated March 10, 2008 passed by the learned Civil Judge (Junior Division), 7th Court, Howrah in Title Suit No.56 of 2005 and Title Suit No.114 of 2005.

(2.) THE mater relates to a dispute between a landlord and a tenant. THE landlord filed a suit for eviction on the ground of, inter alia, default etc. against the tenant being the Title Suit No.114 of 2005 and the tenant filed a suit being the Title Suit No.56 of 2005 for declaration of his tenancy, right and other reliefs. THE two sits are being tried analogously. THE tenant filed an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 and the landlord filed a written objection against that application. THE said application under Section 7(2) was disposed of by the impugned order directing the tenant to pay a sum of Rs.22,000/- as arrears of rent including interest by four equal instalments. Being aggrieved by such order, the tenant has filed this revisional application.

(3.) SO far as suspension of rent is concerned, the learned Trial Judge, upon analysis of the evidence on record has concluded that the supply of electricity had been disconnected by the C.E.S.C. because of non-payment of the electric charges. Admittedly, the tenant was getting electricity from the meter standing in the name of the landlord and such electric connection had been disconnected because of non-payment of the dues. When such a situation arose, the tenant had the opportunity to get electricity directly from the C.E.S.C. and for that reason, he is not entitled to get any suspension of payment of rent because it is also a source of income of landlord as per evidence on record.