BHUPENDRA CHANDRA ROUTH Vs. ALPANA GANGULY

JUDGEMENT

(1.) THE Title Suit No. 158 of 1998 now pending in the Court of the learned civil Judge, (Junior Division), 1st Court at Asansol filed by the opposite party herein, is a suit for eviction in connection with which, the present petitioner as defendant filed an application under Section 17 (2) of the west Bengal Premises Tenancy Act, 1956 praying for determination of the amount of monthly rent and permission to make auch deposit if found due by instalments.

(2.) LEARNED trial Court by Order No. 60 dated 12th May, 2004 found the defendant to be defaulter for 35 months for the period from January, 1997 to September, 1999 and February, 2000 to March, 2000 and directed the petitioner/defendant to deposit a total amount of Rs. 8425/- in four instalments. The rate of rent was adjusted at Rs. 175/- per month payable according to English calendar month. This order was passed on contest upon examination of the witnesses followed by cross-examination and upon examination of documents.

(3.) THE petitioner filed a petition on 7th July, 2004 under Section 151 c. P. C. praying for reconsideration of the order dated 12th of May, 2004 on the ground that during hearing of the application under Section 17 (2) of the act he could not produce the challans showing payment of the rent with the rent Controller in connection with Misc. Case No. 40 of 1997 for the months of January, 1997, December, 1997, January, 1998 to July, 1999 and according to the defendant/petitioner if those challans were considered then the amount in arrears would have been found less than what was determined by the trial Court in the order dated 12th May, 2004. The learned trial Court by the impugned order dated 6th of December, 2004 did not find any merit in the petition and as the order dated 12th May, 2004 was not complied with the learned trial Judge in the impugned order made a fresh direction for deposit of the arrears amount of rent in four instalments along with the payment of current rent within 15th of each succeeding English Calendar month. In effect because of non-compliance with the order dated 12th May, 2004 the said order under Section 17 (2) had to be modified by the learned trial Court and with such modification the petition under Section 151 C. P. C. stood disposed of on 6th December, 2004.