BHAGABAN SHAW Vs. SIMMI GOYEL

JUDGEMENT

(1.) THIS Rule is directed against order No. 124 dated september 15, 1976 in a suit for recovery of possession of the suit premises, whereby the application of the defendant under sections 17 (1), 17 (2) and 17 (2a)of the West Bengal Premises Tenancy act, 1956 was rejected in final disposal thereof.

(2.) THE claim for recovery of possession was made on the ground of default in payment of rent, nuisance, annoyance and also of own use and occupation. According to the plaintiff's case, the rent of the premises was Rs. 37/- per month according to the English calendar month. At the request of the defendant the plaintiff agreed to make thorough repairs to the premises within May 1972 and the defendant agreed to pay rent at the rate of Rs. 50/- per month with effect from March, 1972. The repairs were made by the plaintiff but the defendant while paying the rent at the enhanced rate of Rs. 50/- on May 14. 1972 took the position that the enhanced rate of rent would be effective from June, 1972. The defendant defaulted in payment of rent at the rate of Rs. 50,- last paid by him from June 1972 to May 1973.

(3.) THE defendant's case was a denial of all allegations of default, annoyance, nuisance or own requirement. The plaintiff it was said, under the pretext of repairs demolished southern and eastern was of the premises and thereafter suddenly stopped further work in august 1972 and requesting the defendant to continue the. work on account of her financial stringency. The defendant completed the repair work at a cost of rs. 838. 88 P but the plaintiff declined to adjust against rent the costs so incurred by the defendant and was claiming enhanced rent which she was not entitled to do in absence of repairs agreed to be made by her. It was also said that rent for March to June 1972 was paid at the old rate but the plaintiff's husband tempered the receipt to Rs. 150/ -.