DEBI PROSAD TRIVEDI Vs. DEB KUMAR SINGHI

JUDGEMENT

(1.) This application under Section 115 of the Code of Civil Procedure is at the instance of the plaintiffs and it is directed against order No. 18 dated January 30, 1981 of the Subordinate Judge, Second Court, Alipore.

(2.) The defendant opposite party is a tenant of the plaintiffs in respect of the suit premises being Flat No. 5 in the front portion of the second floor of premises No. 14/4, Gariahat Road, Calcutta under a registered Indenture of lease for a period of 21 yean commencing from May 21, 1972 at a rental of Rs. 500/- per month payable according to the English Calendar month. The lease provides for the determination of the same by forfeiture for non-payment of rent. As the defendant committed defaults in payment of rent, the plaintiffs instituted the said suit for eviction of the defendant on the ground of determination of lease by forfeiture for nonpayment of rent.

(3.) The defendant made an application under Section 114 of the Transfer of Property Act praying for relief against forfeiture. He admitted the default in payment of rent since December 1977 and expressed his willingness to deposit in Court all arrears of rent with interest at the rate of 6% per annum and costs of the suit within 15 days. The learned Subordinate Judge came to the finding that the defendant was not a wilful defaulter despite the defaults in payment of rent on two earlier occasions as alleged by the plaintiffs. In that view of the matter, the learned Subordinate Judge held that the defendant should be granted relief againil forfeiture under Section 114 of the Transfer of Property Act as a last chance, but he must deposit all arrears of rent with 6% interest per annum thereon and all costs of the suit within 15 days from the date of the decree. Accordingly, by his judgment dated January 24, 1980, he decreed the suit with full costs. It was directed that the plaintiffs would get a decree for arrears of rent since December 1977 amounting to Rs. 14,690/- with interest at the rate of 6% per annum plus full costs of the suit. The defendant was directed to pay the decretal amount within 15 days from the date of the decree failing which, it was further directed, the plaintiffs would be at liberty to execute the decree for ejectment and recover possession of the suit premises. If, however, the defendant would deposit in Court the decretal dues within the stipulated period, it would be deemed that the forfeiture of the lease of the suit premises on the ground of default had not occurred.