VIKAM CHAND KOTHARI Vs. UPENDRA NATH SARKAR

JUDGEMENT

(1.) This application is at the instance of the defendant Vikam Chand Kothari challenging the order dated Dec. 14, 1978 by which the learned Munsif, First Court, Krishnagar, rejected the defendant's application under Section 17 (2) of the West Bengal Premises Tenancy Act. The plaintiff-opposite party Upendra Nath Sarkar instituted Title Suit No. 363 of 1975 on Dec. 11, 1975 in the First Court of Munsif, Krishnagar against the petitioner for ejectment and arrears of rent. The plaintiff's case was that the defendant was a monthly tenant under the plaintiff on a monthly rental of Rs. 57/-according to Bengali calendar. The defendant did not pay rent from Baishakh 1380 B.S. and the rent from Baishakh 1380 B.S. to Jaishtha 1382 B.S. fell in arrears. The plaintiff also required the suit premises for his own occupation. The defendant appeared on Feb. 9, 1976 and filed two applications on that day, one under Section 17 (1) of the Premises Tenancy Act, praying for permission to deposit the rent of Poush 1382 B.S. with interest and the other under Section 17 (2) for determination of the defendant's arrears of rent.

(2.) The learned Munsif dismissed the application under Section 17 (2) holding that the application was a misconceived one and it was not maintainable.

(3.) The defendant has challenged the said decision of the learned Munsif in the present proceeding before this Court. The learned Advocate for the petitioner has argued that the learned Munsif has failed to exercise his jurisdiction as he did not state the ground on which he held the application to be a misconceived one. There was thus failure to exercise jurisdiction. The learned Munsif raised the question whether the rents deposited by the defendant with the Rent Controller were valid deposits but he did not come to any finding regarding the same. The impugned order is not sustainable in law and the same should be set aside and the learned Munsif should be directed to dispose of the defendant's application in accordance with law,