RAJPUTANA TRADING CO P LTD Vs. RAWATMAL BHAIRUDAN

JUDGEMENT

(1.) This is an application under Section 17 (2) of the West Bengal Premises Tenancy Act 1956 (hereinafter referred to as the said Act). On the 19th of November, 1968. the Raiputana Trading Co (P) Lid. (hereinafter referred to as the landlord) instituted a suit against Rawatmal Bhairudan. a firm (hereinafter referred to as the tenant). The plaintiff in the suit asks for a decree for possession of the demised premises being Shop-room No. 9 at premises No. 12, Armenian Street, Calcutta which is also known as 10/1. Portuguese Church Street, and claims a decree for Rs. 9,740.72 P. for arrears of rent and certain other interest and mesne profit. The landlord, inter alia, contends that the tenant had failed and neglected to tender and/or pay rent in respect of the demised premises since February. 1965 to one Sree T.K. Ghose, who was then the Receiver appointed in respect of the said premises in another suit.

(2.) It is the case of the plaintiff that the rent from 1st February, 1965 to 30th of September, 1968, being 44 months had remained unpaid and on that account the plaintiff was entitled to Rs. 9,740.72. The plaintiff states that by a notice dated 1st of August, 1968. the landlord had determined the tenancy of the tenant end therefore claims mesne profit from the 1st of October, 1968 to 31st of October, 1968 8 Rs. 1,770/-. On service of the Writ of Summons the tenant made an application on the 4th of February. 1969, stating that the Writ of Summons had been served on the tenant on the 6th of January. 1969 and contended that the plaintiff had duly paid and/or deposited the rent for the months claimed except for the months of July, 1968, December, 1968 and January. 1969. The tenant accordingly made an application under Section 17 (2) of the said Act for leave to deposit the rents for the months of July and December. 1968, together with interest and the rent for the month of January, 1969. with the Registrar, Original Side, High Ccurt. The tenant also prayed for leave to deposit the rent for the months subsequent to Januarv. 1969, in the office of the Rent Controller during the pendency of the suit.

(3.) In this connection it would be relevant to refer to the provisions of subsections (1) and (21 of Section 17 of the said Act, The said sub-sections are as follows: