PRASANTA KUMAR DE CHOWDHURY Vs. TAPAS KUMAR DAS

JUDGEMENT

(1.) The order dated April 7, 1980 passed by Sri S. L. Biswas, Munsif, Ranaghat, in Title Suit No. 314 of 1976 overruling the objection to the application under Section 17 (2) of the West Bengal Premises Tenancy Act, has been challenged. This application under Section 17 (2) of the Act was said to be not maintainable.

(2.) This suit was filed by the petitioners against the opposite party on 31st Aug., 1976 for eviction on the ground of default, amongst others. The writ of summons was served on Sept. 15, 1976. After the Puja holidays the Court opened on 25th Oct., 1976 and on that very date the opposite party-tenant after appearance tiled an application under Section 17 (2) of the Act and deposited the sum of Rs. 127.65 being the rent for the months of Ashar, Shravan and Bhadra 1383 B. S. at the rate of Rs. 42.55 per month.

(3.) The petitioners challenged the deposit as invalid because the deposit made by the opposite party on Oct. 25, 1976 corresponding to 8th Kartick 1383 B. S. should have included the rent for the month of Aswin 1383 B. S. Under Section 17 (1) of the Act the tenant was to deposit in Court at the admitted rate of Rs. 42.55 not only the rent for the months in arrear but also the rent for the month previous to the month in which deposit is made. The opposite party, of course, deposited the rent for the month of Aswin on 2-11-1976 corresponding to Kartick 15, 1383 B. S.