RAMENDRA NATH GANGULY Vs. ASHUTOSH SAHA

JUDGEMENT

(1.) This Rule arises on an application under Article 227 of the Constitution of India and is directed against Order No. 40 dated the 26th of July 1975 passed by Shri R. N. Banerjee, Judge, 6th Bench, City Civil Court, Calcutta in Ejectment Suit No.1220 of 1973.

(2.) The petitioner filed a suit for ejectment against the Opposite parties on the ground of default in payment of rent. The opposite parties appeared in the suit and filed an application under S. 17(2) and also another application under S. 17(2A)(b) of the West Bengal Premises Tenancy Act.

(3.) The contention of the opposite parties amongst others was that the petitioner started a distress proceeding in the Court of Small Causes, Calcutta and in the said proceeding the suit room was padlocked through the Bailiff of the Court. And that being so, for the period during which the room was padlocked the petitioner is not entitled to get any rent as the opposite parties during that period could not possess the said room. The learned Judge upheld this contention of the opposite parties and held that as the room was kept under lock and key from 25th of February 1972 to 19th of December 1974 the opposite parties were entitled to get remission of rent for the said period. Being aggrieved by the aforesaid order the petitioner has come up in this Court.