GHANSHYAM DAS Vs. KRISHNA GOPAL GHOSAL

JUDGEMENT

(1.) This Rule is directed against order No. 111 dated 11th Nov., 1976 whereby the plaintiff's petition under Section 17 (3) of the West Bengal Premises Tenancy Act was allowed and the defence against delivery of possession was struck out. It appears that on the petitioner's application under Sec. 17 (2A) Clause (b) the Court by Order No. 14 dated 18-11-69 directed the defendant to deposit the amount of Rs. 347.75 P, in 19 instalments of Rs. 17.38 P every month and last instalment of Rs. 17.53 P. in the following month within July 1971. The petitioner it is alleged in pursuance of the order duly made deposits of 18 instalments but through mistake instead of depositing 19th instalment deposited within the time for 19th instalment Rs. 17.53P as the 20th and last instalment thereby missing the 19th instalment. This mistake was detected by the plaintiff but the defendant deposited on 23-8-71 the amount with interest which was obviously after the due date.

(2.) The plaintiff thereupon filed a petition under Section 17 (3) for striking out the defence of the defendant on account of his failure to comply with the order dated 18-11-69 and, as already stated, this application has been allowed.

(3.) In support of the Rule Mr. Bhow-mick has contended that on account of bona fide mistake the 19th instalment could not be deposited in time and it has since been deposited with interest. He submits that the delay in making the deposit may be condoned in the aforesaid circumstances.