JAMINI KHAN Vs. DHIRENDRA NATH KUNDU

JUDGEMENT

(1.) This Rule was issued at the instance of a tenant who has been ordered by the Munsif to deposit rent under Section 14(4), West Bengal Premises Rent Control (Temporary Provisions) Act, 1950.

(2.) The point urged before me is that in the written statement there was an allegation that there was no relationship of landlord and tenant. Therefore, no deposit should have been ordered. It appears that in a previous proceeding between the same parties the question whether there was a relationship of landlord and tenant between these two parties themselves was raised and was decided against the petitioner. That case was dismissed on another ground. Over and above this, when Section 14(4) application came to be heard, the petitioner himself was examined. His deposition was that there was an adjustment of some dues over the value of betel purchased from him against the cost awarded in the previous suit and the rent due to the plaintiff. He himself, therefore, accepted that he was a tenant and that rent was due. He pleaded a story of adjustment which the Munsif rightly disbelieved, the reasons having been given in his judgment.

(3.) Under the circumstances, it is futile now to say that no order under Section 14(4) should have been passed on the ground of the defence mentioned in the written statement but not persisted in at the hearing. The order was, therefore, proper.