SASWATI DUTTA Vs. DEVJYOTI DAS CHOUDHURI

JUDGEMENT

(1.) The impugned order dated 6th December, 2018, passed by the learned Civil Judge (Junior Division), 3rd Additional Court, Alipore in Ejectment Suit No. 108 of 2016, rejecting petition under Section 151 of the Code of Civil Procedure, dated 08.06.2018, filed by defendant/petitioner praying for fresh computation of the arrears of rent for the error occurred in the order dated 04.01.2018, and for liquidation of arrears of rent by three (3) installment, instead of two (2) installment as already ordered, is the subject matter of challenge in this revisional application.

(2.) The Trial Court disposed of 7(2) petition of W.BP.T. Act, 1997, on 21.06.2017, holding the defendant/petitioner to be a defaulter since October, 2012 to May, 2016, and accordingly directed a total amount of Rs.58,080/-(rupees fifty eight thousand eight) for liquidation being the arrears of rent for 32 months together with 10 % (ten percent) interest within two (2) month from the date of this order by two (2) installment.

(3.) Having detected some errors in the computation of arrears of rent, plaintiff/landlord already took out an application under Section 151 of C.P.C. for necessary correction of the order dated 21.06.2017, already disposing of the 7(2) petition of W.B.P.T. Act, 1997.