RAM DARASH DUSAD Vs. GAUTAM DAS

JUDGEMENT

(1.) The petitioners, being the defendants in O.C. Suit No.50 of 1992 of the Court of Munsiff, 1st Court, Malda felt aggrieved of the order dated 29.9.93 passed by the said court whereby his application under section 17(2) of the West Bengal Premises Tenancy Act, 1956 was rejected.

(2.) In an application under section 17(2) of the West Bengal Premises Tenancy Act, the petitioners, in capacity of a tenant in the demised premises, had submitted that since they had incurred expenditure towards repair of the premises to the tune of Rs. 23,404, the entire arrear of rent had been fully paid up and even the rent for the coming months also will stand paid up. There was, however, an alternative prayer also to fix up easy instalments of payment if any amount of rent is found to be due.

(3.) By the impugned order the learned trial court refused the prayer being time barred as also on merits.