LAWS(CAL)-2013-10-8

SHALIGRAM ROY Vs. AMIYA RANJAN KAR

Decided On October 08, 2013
Shaligram Roy Appellant
V/S
Amiya Ranjan Kar Respondents

JUDGEMENT

(1.) THIS application under Article 227 of the Constitution of India is directed against the order dated 6th of September, 2010 passed by learned Civil Judge (Junior Division) 3rd Additional Court, Alipore in Ejectment Suit No.305 79 of 2006.

(2.) MR . Hiranmoy Bhattacharyya appearing for the petitioner tenant submits that trial court declared the deposits made by the petitioner tenant in the office of rent controller for the period from September, 1999 till August, 10 as invalid deposits as the same was made in the name of one of plaintiff landlords and the same was not preceded by valid tender.

(3.) HE next submits that rent receipts were granted all along by the O. P. plaintiff No.2 Gouri and she also accepted rents sent through money order in her name alone from the month of March, 1992 till August, 1999. He contends that subsequent deposits in the office of rent controller staring from September, 1999 cannot be branded as invalid deposits being deposited in the name of one of the landlords. In support of his contention he refers the case of Nawal Kishore Agarwalla vs. Samarendra Nath Shaw as reported in 1988 (1) CLJ page 34. In that case it was held by this court relying upon a decision of Hon 'ble Apex Court as reported in AIR 1983 Supreme Court page 354 (State of A. P. and another vs. K. Anil Kumar etc.) that rents deposited by the tenant with the rent Controller in the name of one of the plaintiffs are valid deposits as the same can be withdrawn by the said landlord and that the same tantamount to payment to all the landlords. Accordingly, he prays for setting aside the order impugned by treating the deposits made in the office of Rent Controller for the period September, 1999 till August, 2010 as valid deposits.