M/S RAMPRASAD OMPRAKSH Vs. LOKNATH CHOUDHURY

JUDGEMENT

(1.) This is an application under Art. 227 of the Constitution of India wherein the present petitioner/tenant has assailed before this Court the order dated 13-01-2015 passed by the learned 2nd Court of Civil Judge (Junior Division) at Alipore in Ejectment Suit No.82 OF 2000 wherein the learned Trial Court was pleased to allow the application under Sec. 7(2) of the West Bengal Premises Tenancy Act, 1977 (hereinafter called as the said Act) and directed the tenant to deposit in total Rs. 2,56,530.00 being the arrear rent since Dec., 2002 to Dec., 2014 at the rate of Rs. 1100.00 per month along with statutory interest. The learned Trial Court held that the defendant was a defaulter in payment of monthly rent in respect of the suit property and as such, such arrear rent is to be paid in two equal instalments. The first instalment shall be paid by 13-02-2015 and the second instalment shall be paid by 14-03-2015. Liberty was also given to the defendant to withdraw the deposited rent from the Rent Controller's Office.

(2.) The suit was filed by landlord plaintiff for eviction of the tenant on the ground of default, reasonable requirement and nuisance against the defendant tenant.

(3.) Mr. Bhattacharyya, learned Advocate appearing on behalf of the petitioner/tenant argued that there was no default regarding payment of rent, that the rent is admitted, that the rent was deposited to the Rent Controller before the suit and after the suit the present petitioner deposited rent to the Rent Controller upto Sept., 2015 and thereafter before the learned Trial Court from October, 2015, in the name of the landlord/ opposite party. He further submitted that the present suit for eviction was filed on 26-09-2012.