TARAKESWAR Vs. SAKINA BIBI

JUDGEMENT

(1.) The petitioner is the landholder-who had filed an application under Section 5(1), Calcutta Thika Tenancy Act for directing the opposite party to vacate the holding and put the petitioner in-possession. One of the grounds urged was that the-opposite party had not paid rent and taxes for a certain period. This was resisted by the tenant. The Thika Tenancy Controller allowed the petition directing the opposite party to vacate the holding within thirty days from the date of the Order. The collector immediately proceeded to passan order under Section 6 of the said Act. The operation of the order was stayed for thirty days within which the opposite party was directed to deposit the rents in arrears, for the months of Sraban and Bhadra, 1361 B. S. (the opposite party having deposited with the Controller rents up to Asar) with interest and costs in default, execution was to proceed as provided in Section 6 ox the Act. It was further ordered that if the opposite party deposited the amount mentioned above and within: the date fixed, she would, not be evicted from the holding in question and the case would be dismissed on lull satisfaction. An appeal was taken against this order. The learned Chief fudge of the Court of Small Causes, Calcutta, has dismissed the appeal.

(2.) One of the points urged before the Appellate Officer as also before me is that in calculating, the amount payable under Section 6, Calcutta Thika Tenancy Act, the amount payable by the tenant as Corporation rates should have been included,

(3.) When an order is made under Section 5 of the Act allowing an application for ejectment of a thika tenant on the ground that he has failed to pay the arrcar of rent due to the landlord in respect of his holding and directing the thika tenant to vacate the holding and put the landlord, in possession thereof, it shall specify the amount of afrear of the interest due thereon and no such order shall be executed if the amount of costs of proceedings arising out of the said application and such damages as the Controller may allow are deposited within thirty days from the date of the order.