BAGHUNATH SINGH Vs. MESSRS PATEL AND COMPANY

JUDGEMENT

(1.) This is a petition under Section 115, Code of Civil Procedure, arising out of an order made under Section 17 of the West Bengal Premises Tenancy Act, 1956. On May 4, 1959 the Plaintiff landlord instituted the suit for recovery of possession of the suit premises from the Defendant tenant. The rent is in arrears from January, 1955 till December, 1960. On September 17, 1959 the Plaintiff applied for an order under Section 17(3) of the West Bengal Premises Tenancy Act, 1956, that the defence against delivery of possession be struck out. The Defendant contended that he was not liable to pay or deposit the arrears of rent for the period January, 1955 up to March, 1956 their recovery by suit was barred by limitation on May 4, 1959 and that he should be directed to pay or deposit the amount which was legally recover-able from him on that date and his defence could be struck out only if he made a default in carrying out this direction. The learned trial Judge rejected this contention and directed that the Defendant do deposit the arrears of rent for the period January, 1955 till December, 1960 and that in case of default his defence against delivery of possession be struck out.

(2.) Clearly there was a dispute as to the amount of rent payable by the tenant so as to attract the provisions of Sub-section (2) of Section 17. The question is whether the Defendant is liable to deposit or pay under Sub-section (2) read with Sub-section (1) of Section 17 of the arrears of rent which were not recoverable by the landlord through the process of the Court on the date of the institution of the suit 3. It is plain enough that a suit instituted on May 4, 1959 for the recovery of the rent for the period January, 1955 up to and including March, 1956 would have been barred by the law of limitation.

(3.) Section 17 of the West Bengal Premises Tenancy Act, 1956, reads as follows: