SHYAM SUNDAR GHOSH Vs. BAIDYANATH MONDAL

JUDGEMENT

(1.) This application under Article 227 is directed against Order impugned no.493 dated 11th June, 2010 passed by the Learned First Civil Court (Junior Division) at Howrah in Title Suit no.7 of 1980. By the said impugned Order the Learned Trial Court was pleased to allow the substituted defendant-tenants fresh opportunity to deposit rents due to the plaintiff landlord in respect of the tenanted property.

(2.) The Learned Trial Court, inter alia, held that the substituted defendants ought to have filed an application under Section 151 of the Code of Civil Procedure praying permission to deposit arrear rents due for the period between Kartik 1412 to Chaitra 1412, instead of filing an application under Section 17(2) of the West Bengal Premises Tenancy Act,1956. Sri Diptendu Majumdar, Learned Counsel, appearing on behalf of the petitioner plaintiff landlord Sri Shyam Sundar Ghosh, has argued that the eviction suit for recovery of possession with arrears of rent and mesne profit was filed by his client against the original defendant-tenant, Sri Shyam Sundar Ghosh, in the Court of the Learned First Munsif at Howrah (now Learned Civil Judge (Junior Division, First Court, Howrah)) being Title Suit no.7 of 1980. In the eviction proceedings the son of the original defendant tenant, Baidyanath Mondal, who is the present opposite party 1(a) in this revisional application deposed as opposite party (OPW) 1 on 13th February, 2003. In his deposition, a copy whereof is annexed to the instant revisional application the said Baidyanath Mondal has stated as follows:- I depose for my father.

(3.) The said Baidyanath Mondal also deposed to the effect that the challans of the tenanted property are in his name and he had forgotten to bring the challans. He has further deposed that the rate of rent is Rs.35 per Bengali calendar month. He has also denied that rent was not paid for the period Falgun, 1387 BS and Jaistha Aghrayan 1388 BS. He has denied that it is not a fact that he did not comply with the Order passed in the proceedings under Section17(2) and 17(2A) of the West Bengal Premises Tenancy Act, 1956. He has stated that hotel business is carried on in the said property and the monthly income from the said business is about Rs.2000 to Rs.3000.