BHABATOSH NANDA Vs. SMT. DOLLY

JUDGEMENT

(1.) The only, dispute in this Rule between the parties is whether the petitioner will get an adjustment of a sum of Rs. 280.00 which is admitted by the opposite party to have been received from the petitioner at the inception of the tenancy as security-deposit.

(2.) The security-deposit obviously means that it was a deposit for securing the rent payable by the petitioner to the opposite party. In the present suit for ejectment which has been instituted by the opposite party against the petitioner on the grounds of reasonable requirement the petitioner filed an application under sections 17(2) and 17(2a) of the West Bengal Premises Tenancy Act. The learned Munsif has found that nothing is in arrears. But he has refused to grant adjustment of the security deposit of Rs. 280.00 as prayed for by the petitioner. The present Rule is directed against that part of the order passed by the trial court.

(3.) In the facts and circumstances of the case, I am satisfied that the interest of justice requires that an order should be made directing adjustment of rent for two months with the sum of Rs. 280.00 which is admittedly lying in deposit with the opposite party. I accordingly direct that the rent payable by the petitioner to the opposite party in respect of the disputed premises for the months of July and Aug., 1981, be adjusted with the aforesaid sum of Rs. 280.00 which was paid by the petitioner to the opposite party at the inception of the tenancy as a security-deposit. This Rule is made absolute to the extent and in the manner as indicated above. There will be no order as to costs. Let the hearing of the suit be expedited. Let the records be sent down forthwith.