BHYALAL SHA Vs. SM RANUBALA DEY

JUDGEMENT

(1.) THIS Rule is not opposed. The defendants were under the statutory obligation of depositing rent month by month under section 17 (1) of the West Bengal Premises Tenancy Act of 1956. It appears that the rent for December 1965 should have been deposited on or before the 15th January 1966, but in stead of depositing it on the 15th January 1966, the defendants made the deposit on the 17th January 1966. The First Additional Munsiff at Alipore has held that the defendants have violated the provisions of section 17 (1) by not depositing the amount on or before January 15, 1966 and has struck out the defence against delivery of possession by an order made by him on the 28th June 1967. This Rule has been obtained against that order. The Rule was initially heard by Amiya Kumar Mookerjee, J. His Lordship by an order dated the 24th May 1971, has referred the case to the Division Bench on the ground that those are differences of opinion in this Court on the applicability of the maxim "de minimis Non curet lex" to such cases.

(2.) MR. Ghose appearing for the petitioners before us does not rely on this maxim at all. His contention is that the deposit made on the 17th January 1966 should be deemed to be one required to be made on the 15th January, 1966 inasmuch as the court did not sit for the whole day on the 15th which was a Saturday. The fact that the court concerned did not sit for the whole day on the 15th January, 1966 does not appear to be in dispute. Our attention has also been drawn to sub-rule (3) of Rule 1 of the Civil Rules and Orders of this Court which prescribes that courts may close at 2 p. m. on Saturdays, if the state of the work permits. On the facts of this case it seems to us that the deposit made on the 17th January should be deemed to be a deposit in discharge of the defendant's statutory liability under section 17 of the said Act by reason of the explanation to Section 4 of the Limitation Act 1963. The explanation says that a court shall be deemed to be closed on any day within the meaning of this section if, during any part of its normal working hours it remains closed on that date. In this view of the matter, the order, being order No. 58 of the 28th June 1967 of the 1st Additional Munsiff of Alipore has to be set aside. In the result the Rule is made absolute and the order challenged herein is set aside. There will be no order as to costs.