HARIDAS CHATTERJEE Vs. DEBENDRA NATH BASU

JUDGEMENT

(1.) The order dated the 25th May, 1981 passed by the Munsif 5th Court, at Alipore, allowing an application under Section 17 (3) of the West Bengal Premises Tenancy Act, has been challenged before this Court. The suit in question being Title Suit No. 295 of 1973 was commenced by the opposite party for ejectment of the petitioner from the suit premises only on the ground of reasonable requirement, The tenancy was said to be held at a rental of Rs. 100/- per month according to English Calendar Month. The petitioner defendant after appearance deposited rent under Section 17 (1) of the West Bengal Premises Tenancy Act, since December, 1975 and made an application under Section 70 (2A) (b) of the Act for liquidating the admitted arrears since August, 1973 upon which on a joint petition by the parties, the learned Munsif by an order dated 30-11- 76 directed to liquidate the arrears by 29 months. The petitioner also filed an application for fixation of fair rent in the office of the Rent Controller Alipore, wherein the rent was assessed at Rs. 37/-per month. On appeal the District Judge remanded the case to the Rent Controller against which the petitioner moved this Court and obtained a Rule and by an interim order the order passed by the District Judge was stayed till the hearing of the Rule. Thus following the aforesaid fixation case the petitioner made an application under Section 151 of the Code of Civil Procedure for modification of the order passed under Section 17(2A) of the Act permitting the petitioner to deposit the current rent at the rate of Rs. 37/-per month, and also to deposit the arrears of the rent at such rate. The petitioner however did not deposit any current as well as arrears of rent, as he was under the impression that he would deposit the same after the modification of the order under Section 151 of the Code of Civil Procedure. The opposite party thereafter filed an application under Section 17 (3) of the Act. On petitioner's insistence on disposing of the application under Section 151 of the Code of Civil Procedure prior to the disposal of the application under Section 17 (3), the learned Munsif by an order dated 29-3-79 rejected the application under Section 151 of the Code, The petitioner against that order came in revision before this Court.

(2.) On 17-6-80 the rule against the order of the District Judge was discharged after an observation that the petitioner would be entitled to raise objection during the hearing of the application under Section 17 (3) of the Code.

(3.) The application under Section 17 (3) was disposed of by the impugned order on 20-5-1981.