ASIT KUMAR DEY Vs. BISHUDHANANDA CHAUDHURY

JUDGEMENT

(1.) The petitioner tenant has challenged the order dated 11-8-1981 whereby Sri T. K. Paladhi, Munsif, 3rd Court, Burdwan rejected the application under Section 17 (4) of the West Bengal Premises Tenancy Act.

(2.) The petitioner, a practising physician was a tenant since the time of the predecessor of the opposite parties in respect of suit premises, used as chamber and Medicine shop at Memary, Dist. Burdwan at a rental of Rs. 40/- per month according to Bengali calendar. A suit for ejectment being Title Suit No. 206 of 1976 in the 3rd Court of Munsif was filed against him on ground of default in payment of rent for the month of Chaitra 1382 B. S. and Baisakh 1333 B. S.

(3.) On receipt of notice to quit on 4th June, 1976 the petitioner remitted the rent for those two months on 5th June. 1976 which was however refused. On June 18, 1976 the petitioner deposited the sum of Rs. 120.50 P. as rent for Chaitra 1382 B. S. and Baisakh and Jaistha, 1383 B. S. with the Bent Controller. The summons of the suit was served on 10-11-1976. On 22-12-1976 the petitioner filed an application with a prayer for permission to deposit the arrear of rent which had been earlier deposited with the Rent Controller. No order, however, was passed by the Court disposing that application.