RAJENDRA KUMAR JAISWAL Vs. KRISHNA MITRA

JUDGEMENT

(1.) This revisional application is directed against the order No. 77 dated 4th September, 2013 and order No. 81 dated 3rd January, 2014 passed by the learned Judge, 4th Bench, Small Causes Court at Calcutta in Ejectment Suit No. 288 of 2004, by which an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 and an application under Section 151 of the Code of Civil Procedure for modification of the order dated 4th September, 2013 are disposed of. The predecessor-in-interest of the petitioner was the original tenant. The admitted owner sold a portion of the said premises to Pradip Kumar Gupta and another and a letter was issued by the Advocate intimating the sale and ask for the payment of the rent. The predecessor-in-interest of the petitioner deposited the rent in the office of the Rent Controller under a bona fide doubt as to whether the plaintiffs/opposite parties are the landlord and entitled to receive the rent or the aforesaid predecessors are entitled to receive the rent in respect of the suit-premises. The aforesaid deposits were raised before the Rent Controller and after the death of the original tenant the present petitioner continued to deposit the rent with the Rent Controller.

(2.) After receiving the summons of the Eviction Suit the petitioner raises a dispute as to the existence of the relationship of 'landlord and tenant' as well as the period of default. By order No. 77 dated 4th September, 2013 the Court not only held that there exist a relationship of the landlord and tenant but also found that the entire deposits with the Rent Controller are invalid and directed the petitioner to deposit the arrear rent with statutory interest.

(3.) Subsequently the petitioner took out an application under Section 151 of the Code of Civil Procedure for recalling the aforesaid order on the plea that the deposits were made under a bona fide doubt and, therefore, it is not to be preceded by sending the money by Money Order. The Court rejected the said application as no ground for recalling the said order is made out.