DINANATH MONDAL Vs. FATIK CHAND SEAL

JUDGEMENT

(1.) THIS appeal is by the defendant and it arises out of a suit for eviction. The suit is, admittedly, governed by the west Bengal Premises Tenancy Act, 1956, and the ground, taken under that act, was the ground of requisite defaults in payment of rent.

(2.) ACCORDING to the plaintiff landlord, the defendant was a defaulter since April, 1961, the present suit being instituted on February 17, 1962, after service of the requisite notice of ejectment, dated July 25, 1961, terminating the defendant's tenancy on the expiry of the last date of August, 1961.

(3.) THE suit was contested by the defendant who denied the plaintiff's allegation of default and his (defendant's) case was that the rents for april, May and June, 1961, were not accepted by the plaintiff in spite of valid tender and, thereafter, they were deposited in court in time under sec. 17 (1)of the above Act; that he had been duly depositing rents since July, 1961, with the Rent Controller, as required by law; that, further, he was entitled to an adjustment; of the sus, spent by him on account of repairs of the building and on account of payment of the municipal taxes and that, if these adjustments were allowed, the defaults, alleged by the plaintiff, would vanish.