RAMONI MOHAN GHOSHAL 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 April 11, 1951, allowing his application under Section 6 of the new West Bengal Act LXII of 1950 for rescission of an ejectment decree passed against him on September 25, 1950, but directing him to deposit a sum of Rs. 313-15-3p. within fifteen days and the other dated June 8, 1951, rejecting his application under Section 151 of the Code of Civil Procedure for accepting the deposit, then offered to be made, by enlarging the time given under the previous order, dated April 11, 1951.

(2.) The relevant circumstances may be shortly stated as follows:

(3.) From what I have stated above, it is quite clear that Section 151 of the Code of Civil Procedure can have no application to this case. The order, dated April 11, 1951, was passed on an application under Section 6 of the West Bengal Act LXII of 1950. Under that section, the court may grant appropriate relief under Section 18 of the Rent Control Act of 1950 (W. Ben. XVII 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 of the Code of Civil Procedure. The learned munsif was, therefore, right in rejecting the Petitioner's application under Section 151 of the Code and that order cannot be touched.