ESCORTS LIMITED Vs. MISRILAL PROPERTIES LTD

JUDGEMENT

(1.) The subject-matter of challenge in the present revisional proceedings is an order, dated 24th September, 1990, passed in Case Nos. C 18358 and C 18359, by the Rent Controller, on applications of the revisional petitioner for deposit of rents for the months of June, July and August, 1990 and the succeeding months. The Rent Controller rejected the applications on the ground that the rents for the months as referred to above not having been deposited nor tendered within the statutory time, the prayer made was liable to be rejected.

(2.) The relevant facts needed for disposal of the present revisional application, upon consideration of the propriety of the order passed by the Rent Controller, are that on refusal by the landlord to accept the rent for the month of May, 1990, the tenant petitioner sent the said monthly rent for May, 1990, by money order, on 7th May, 1990 and the said money order returned on 9th August, 1990 with postal endorsement 'not claimed'; the said amount was thereafter, deposited with the Rent Controller after making necessary affidavit under section 21 of the West Bengal Premises Tenancy Act, on 22nd August, 1990 that is, within 15 days from the date of return of the money order and such deposit was found in the impugned order by the Rent Controller to have been validly made. The prayer for deposit of rents for the months of June onwards had, however, been refused as stated above by the Rent Controller by the impugned order and the validity and propriety of the said order have been assailed in the present revisional proceedings.

(3.) The petitioner has averred that its comprehensive application for Simultaneous deposit of the rents for the aforesaid four months had not been entertained by the Rent Controller and as such two separate application as above had to be made.