SUDHIR KUMAR SARKAR Vs. P C GUPTA

JUDGEMENT

(1.) This Rule is directed against an order of the trial court allowing an application under section 5 of the Limitation Act condoning the delay in filing an application under section 17(2A) of the West Bengal Premises Tenancy Act, 1956.

(2.) The petitioner in this rule, who is the plaintiff landlord, instituted a suit for recovery of possession of a portion of premises No. 49/11/D, Hindusthan Park, Ballygunge, Calcutta-29 which the opposite party herein, being the tenant defendant in the suit held as a monthly tenant. The rate of monthly rent has been in dispute as according to the petitioner it was Rs. 125/- and according to the opposite party it was Rs. 50/- on the basis of the compromise decree in L.P.A. No.1 of 1963. The reason was that the landlord petitioner, according to the tenant opposite party, failed to effect necessary additions, alterations and repairs in respect of the premises in terms of the said compromise decree, while according to the petitioner all steps were taken by him as required. The opposite party entered appearance in the suit on July 7, 1965 and filed an application under section 17(2) of the Act on the same day raising a dispute about the rate of rent and the amount of rent payable by him in the context of the position taken by him referred to above, while depositing rent at the rate of Rs.50/- per month. The opposite party submitted that as there was a bona fide dispute as to the rat of rent as also the amount of rent payable by him, he prayed for determination of the rent payable by him if at all in respect of the suit premises.

(3.) This application was disposed of by the trial court determining the rate of rent at Rs.50/- per month and it was held that no amount accordingly was due to the landlord petitioner. The landlord moved this Court in revision in Civil Revision Case No.1168 of 1973 which was made absolute by Laik, J. on December 4, 1973 disallowing the application under section 17(2), holding further that the application was not bona fide and the tenant defendant was liable to pay rent at the rate of Rs.125/- per month.