TRUST ESTATE KHIMJI KESHAWJI Vs. PIONEER MECHANICALS

JUDGEMENT

(1.) This Revisional application has been directed against the Order No. 17 passed by the Ld. 3rd Bench of the Small Causes Court, Calcutta in Ejectment Case No. 132 of 2013, on the 11th of November, 2014.

(2.) The background of the matter is that the defendant/respondent was originally a sub -tenant under the tenants of the petitioners. However, on 15th March, 2000, the erstwhile original tenants Suman Das and others informed him that they were surrendering their tenancy to the landlords and accordingly the defendant became a direct tenant under them on and from 1st April, 2000. The case of the petitioners/plaintiffs is that the rental amount paid by the tenant was Rs. 1298/ - per month, of which the breakup is as under -

(3.) The Tenancy of the defendant was terminated by a Letter/notice U/S 6(4) of the West Bengal Premises Tenancy Act 1997 dated 04.01.2013. After his failure to quit the premises the Ejectment Suit was filed. He then entered appearance after having received the summons on 28th March, 20013, and filed his applications U/Ss.7(1) as well as 7(2) of the said Act on 16th April, 20013. By the impugned Order the Ld. Court below disposed off both the applications. The defendants was found to be a defaulter in payment of rent for three months from August to October, 2012, and was therefore directed to pay the composite amount of Rs. 4673/ - including the rent for the period of default @ Rs. 1298/ - per month, along with statutory interest thereupon.