ANANDA BEHARI MEHROTRA Vs. TARACHAND AGARWALLA

JUDGEMENT

(1.) This is an application in revision against two Order Nos. 48 and 49 of the same date passed by the learned Munsif, fourth Court, Alipore in Title Suit No. 153 of 1968. The landlord instituted a suit for ejectment and arrears of rent against the tenant alleging that the rent of the suit premises was Rs.80/- per month payable according to the English calendar month. It was also alleged that the tenant was in default in payment of rent from January, 1966 to January, 1968. The landlord, in the circumstances, gave a notice to quit terminating the tenancy and the notice was duly received by the tenant. The notice required that the tenant should quit and give vacant possession of the suit premises with the expiry of January, 1968. As the tenant did not vacate, the present suit was instituted for eviction and also for recovery of Rs.2,000/- as arrears of rents and damages.

(2.) The suit was contested by the tenant defendant who stated that rents upto February, 1966 was paid and it was alleged that a sum of Rs. 150/- was paid as Corporation tax in lieu of rent and that he was entitled to adjustment thereof. It was further stated that rent was originally Rs.80/- but was suddenly increased to Rs.85/- by the landlord without his consent and knowledge which was objected to by him and the landlord also expressed his inability to accept rent at the old rate. The service of notice was denied and it was also stated that the notice was invalid, illegal and insufficient. In these circumstances, the defendant prayed for dismissal of the suit.

(3.) It appears that on the application filed by the defendant under section 17, sub-section (2) and (2A) of the West Bengal Premises Tenancy Act, 1956, the Court determined by an order dated 28th November, 1969 that a sum of Rs.2,240/-, as rent for twenty-eight months from March, 1966 to June, 1968 was in arrears. The tenant defendant was directed to put in the amount with interest thereon by monthly instalment of Rs.50/- along with current rent. This order, it appears, was not assailed by the landlord and thus became final and binding between the parties in all stages of this suit. It further appears that the suit, after some adjournments, was taken up for hearing on 4th August, 1970 when the plaintiff gave his evidence about default and also about the notice and its service, while the defendant also gave evidence and produced some challans (Exhibit a series) showing deposit of money for rent and for arrear and the case was fixed on 6th August, 1970 for argument. On that date the defendant filed an application for stay of further hearing of the suit in view of the order passed by the Court under section 17, sub-section (2) and (2A) of the Act. On that day the learned Munsif passed orders stating that further proceedings of the suit could not be stayed but the defendant could take his objections along with the arguments in the suit. Thereafter, another application was filed by the defendant praying for short stay which was granted on terms. The present application is by the tenant against the said two orders.