RAMANI MOHAN Vs. JOGESH CHANDRA DAS

JUDGEMENT

(1.) In this Rule the tenant petitioner challenges two orders of the learned Munsif, 1st Additional Court, Alipore, one dated 11-4-1951 allowing his application under Section 6 of the new West Bengal Act 62 of 1950 for rescission of an ejectment decree passed against him on 25-9-1950 taut directing him to deposit a sum of Rs. 313-15-3 within fifteen days and the other dated 5-6-1951 rejecting his application under Section 151, Civil P. C. for accepting the deposit, then offered to be made, by enlarging the time given under the previous order dated 11-4-1951.

(2.) The relevant circumstances may be shortly stated as follows: The landlord-opposite party brought the ejectment suit against the tenant-petitioner on 13-5-1949 alleging that the tenancy had been ipso facto determined under the Rent Control Act of 1948 then in force. This suit was decreed ex parte on 25-9-1950. In the meantime the Rent Control Act of 1950 (West Bengal Act 17 of 1950) had come into force and this Act was later amended by West Bengal Act 62 of 1950 to which reference has been made above. On 22-1-1951 the petitioner applied under Section 6 of this new Rent Control (Amendment) Act of 1950 (West Bengal Act 62 of 1950) for rescission of the ejectment decree. This was allowed on 11th April 1951 and the petitioner was directed to make the requisite deposit, viz., deposit of a sum of Rs. 313-15-3 within fifteen days. The deposit was not made within the time allowed but the Court instead of passing any final orders in the matter directed it to be put up for further orders on 7-5-1951. On 5-5-1951 the tenant-petitioner filed an application under Section 151, Civil P. C. offering to make the deposit forthwith and praying for acceptance of the same upon enlargement of the time given therefor by the previous order dated 11-4-1951. This application was eventually fixed for hearing in June 1951 and meanwhile the tenant petitioner made the deposit at his risk on 17-5-1951. Thereafter by his order dated 5-6-1951 the learned Munsif dismissed the petitioner's application under Section 151 of the Code of Civil Procedure. The present Rule was then obtained from this Court on 21st June 1951.

(3.) From what I have stated above it is quite clear that Section 151, Civil P. C. can have no application to this case. The order dated 11-4-1951 was passed on an application under Section 6, West Rengal Act 62 of 1950. Under that section the Court may grant appropriate relief under Section 18, Rent Control Act of 1950 (West Bengal Act 17 of 1950). This relief can be granted either under Section 18, Sub-sections (1) to (4) or under Sub-section (5) of the said section read with Section 14 of the Act. In either case, however, the law clearly contemplates that whatever time is given to the tenant to make the requisite deposit that time is final and therefore cannot be extended by the Court under Section 151, Civil P. C. The learned Munsif was, therefore, right in rejecting the petitioner's application under Section 151 of the Code and that order cannot be touched.