RANJAN BHATTACHARJEE Vs. KRISHNAPADA JOARDAR

JUDGEMENT

(1.) This is to consider an application under Art. 227 of the Constitution of India against order No. 33 dated Sept. 26, 2002 passed by the earned Civil Judge (Junior 1 Division), First Court at Howrah in Title Suit No. 23 of 2001. By the order impugned the learned Civil Judge rejected an application for stay of hearing of the application under Sections 17(2) and of the West Bengal Premises Tenancy Act, 1956 (the said Act in art) on account of pendency of a proceeding under Sec. 25 of the said Act.

(2.) Title Suit No. 23 of 2001 has been instituted for an eviction of a premises tenant, inter alia, on the grounds of subletting and reasonable requirement. The summons of the suit has been served on the defendant on 122, 2001 and the defendant on April 9, 2001 filed an application under Sections 17(2) and 17(2A) of the said Act contending, inter alia, that the defendant paid rent in respect of the suit premises amicably up to Sept. 3000, but the plaintiff did not issue the receipt for the month of Sept. On refusal by the landlord to accept the rent, the defendant was depositing the rent in the office of the Rent Controller from Oct. 2000 to Feb. 2001 and with effect from March 2001 the defendant had been depositing the rent in the Court.

(3.) On Feb. 1, 2001 the defendant filed an application for slay of the hearing of the application under Sections 17(2) and (2A) of the said Act till the disposal of the P. T. Case No. 28 of 2000 filed under Sec. 25 of the said Act in the office of the Rent Controller, Howrah. It has been alleged in the said application under Sec. 25 of the said Act that although the defendant paid rent for the month of Sept. 2002, the plaintiff failed and neglected to issue rent receipt for the said month and as such it was prayed that the direction might be issued on the landlord to deliver the rent receipt alternatively to pay damage.