BIDYAPATI GHOSH Vs. RAJ KUMAR PAL

JUDGEMENT

(1.) This is a petition for revision of an order made by a learned Subordinate Judge directing arrears of rent to be deposited in respect of certain premises and the monthly rent to be paid month by month under the provisions of section 14(4) of the West Bengal Premises. Rent Control Act of 1950.

(2.) The opposite party had brought suit for ejectment of the petitioner who, it was alleged, was a tenant of the ground floor of certain premises. There was a claim in the suit for a large sum as arrears of rent and this application was made for the deposit of the arrears and the monthly rent as it fell due.

(3.) The tenant's case was that the tenancy was not of the ground floor, but of the ground floor and the first floor and that the landlord had wrongly taken possession of the first floor. Therefore it was said that there was a total suspension of rent and that there was no lent due.