M/S. RAMPRASAD OMPRAKASH Vs. LOK NATH CHOUDHURY

JUDGEMENT

(1.) Leave under section 5 of the Limitation Act stands allowed and as such CAN 12073 of 2016 is hereby allowed. Delay of 86 days is hereby condoned being not opposed.

(2.) Mr. Basu took me to the order of this court passed in C.O 682 of 2015 dated 17th June 2016 wherein this court was pleased to treat the deposits made by the tenant to be bad deposits as the arrear rent was deposited before the Rent Controller and not before the trial court as contemplated under section 7(1) of the Premises Tenancy Act 1997.

(3.) Mr. Basu contended that there was no dirty mind behind such deposit and it was a genuine mistake on the part of the tenant to make such deposit before the Rent Controller. He further contended that money due, went out of the pocket of the tenant and as such he did not derive any benefit from such wrong deposit.