NALINI BALA DAS GUPTA Vs. RABINDRA NATH HIRA

JUDGEMENT

(1.) In this Rule the petitioner landlord challenges the order passed under section 17 (1) (2) and (2A) of the West Bengal Premises Tenancy Act. The learned Munsit came to a finding about the arrear of the amount of rent, and directed that the tenant must pay all the arrears by monthly instalment of Rs. 100.00, in addition to his current rent. The learned Munsif further ordered that in case of default in payment of consecutive two instalments this order will stand discharged and the, legal consequences will follow :

(2.) Mr. Das Gupta on behalf of the petitioner contended that the order that in default of payment of two consecutive instalments, the order passed by him will stand discharged, is patently wrong in view of the provision of section 17 (3) of the West Bengal Premises Tenancy Act. Sec. 17 (3) of the West Bengal Premises Tenancy Act provides that if a tenant fails to deposit any instalment, the consequence under section 17 (3) will follow. In my opinion, if a tenant fails to deposit any instalment, then the consequence of section 17(3) will follow automatically. The court has ho power to say that in default of payment of two consecutive instalments, legal consequence will follow. Under section 17 (2) of the Act the learned Munsif has a power to decide the amount of arrears due and to make an order in the facts and circumstances of the case for the payment of the said dues by instalments. Once that order has been made the tenant defendant must carry out this order and if ha fails to deposit any of the instalments as directed by the order under Sec. 17 (2). the consequence under Sec. 17 (3) will automatically follow. The learned Munsif was therefore wrong in saying that if any of the two instalments are not deposited, legal consequence will, follow. I, therefore, direct that the words "in case of payment of two consecutive instalments" may be deleted from the ordering portion. In all other respect the order must stand.

(3.) The Rule is thus made absolute to the extent indicated above. There will be no order as to cost.