ABDUL MAJID Vs. SAMIRUDDIN

JUDGEMENT

(1.) The petitioner brought the present suit for ejectment on 25-7-1956 against the opposite party Dr. Samiruddjn on the allegation that the latter was occupying premises No. 54/1, Diamond Harbour Road, Kidderpore, Calcutta, as a monthly tenant according to the English calendar under the plaintiff at a rental of Rs. 40/- per month; that this tenancy has been determined by a notice to quit sent by registered post on 18-5-1956; that the plaintiff reasonably required the suit premises for his own use and occupation and for the benefit of the estate by making substantial addition to and alterations of the front portions of the suit premises; that the defendant without the consent and knowledge of the plaintiff converted the main entrance passage into a kitchen causing serious damage. The summons in the suit was served on the defendant on 11-8-1956. The defendant appeared on 24-8-1956 and filed written statement on 18-9-1956. On 4-12-1956, the plaintiff made an application stating that the defendant had neither deposited, in Court nor paid to the plaintiff

(2.) It was against this order that the present Rule was issued, the plaintiffs contention being that in refusing to strike out the defence, the learned Munsif has refused to exercise jurisdiction that was vested in him by law. When this matter came up before Sen J., he made an order referring it to the Division Bench in view of the conflicting rulings of this Court, in Gokul Bala Roy v. Sarat Chandra, 61 Cal WN 890 (A) and Ganesh Chandra Gartguli v. Mahahir Prosad, 61 Cal WN 893 (B), on this very question, namely, whether a valid deposit under Section 21 of the Act amounts in law to payment of rent within the meaning of Section 17(1) and is sufficient compliance with requirement of that section.

(3.) In the first of these cases, Renupada Mukherjee J. held that if rent is deposited in accordance with the provisions of the West Bengal Premises Tenancy Act, 1956,