CHANDAN KUMAR MUKHERJEE Vs. SAKUR BANU MULLICK

JUDGEMENT

(1.) The tenant, defendant/petitioner obtained this Rule with the corresponding interim order on 6th July 1981, against the landlord, plaintiff/opposite party for quashing and setting aside, Order No. 52 dated 2nd June 1981, passed by the learned Judge. City Civil Court at Calcutta in Ejectment Suit No. 1360 of 1977 and whereby the said learned Judge has directed the defendant/petitioner to deposit Rupees 22,588,55p, towards arrears of rent, including statutory interest thereon at a monthly instalment of Rs. 500/-, apart from directing that first of such instalments will have to be paid on July 1981 and the rest in the succeeding months. Over and above such directions, the learned Judge of the Court below has directed the defendant/petitioner to go on depositing the current rents since June 1981 @ Rs. 250/- per month. Such order was made while disposing of applications under Sections 17 (2) and 17 (2A) of the West Bengal Premises Tenancy Act, 1956, as filed by the defendant/petitioner.

(2.) It was claimed that the defendant/ petitioner was A tenant under the plaintiff/ opposite party since 1966, in respect of a portion of the 5th Floor of Premises No. 6A. Saklat Place, Calcutta-13. It was also his case that such tenancy was created on the basis of a written agreement dated 16th February 1966 and the rent was Rs. 250/-per month, payable according to English calendar month.

(3.) It was also claimed by the defendant/ petitioner that subsequent to such agreement as mentioned above, there was a verbal agreement whereby the earlier agreement stood varied and the rent was split into two parts viz. Rs. 200/- as rent and Rs. 50/- per month as service charges and still thereafter there was a subsequent verbal agreement, thereon, the parties agreed that if rent was paid within the 10th of the succeeding month then the plaintiff/ opposite party, landlord would accept Rupees 237.50 p. as total rent, inclusive of service charges and in case such payment was not made within the date as mentioned above, the defendant/petitioner tenant would be required to pay the full amount of Rs. 250/- per month.