(1.) This application is directed against the order dated 15th May, 2018 passed by the learned Civil Judge (Senior Division), 2nd Court, at Alipur, District- South 24-Parganas in Title Suit No. 5 of 2017, whereby the learned Civil Judge dismissed the application under Section 151 of the Code of Civil Procedure filed by the defendant/petitioner.
(2.) The opposite party/plaintiff filed the title suit for eviction and recovery of khas possession against the petitioner in respect of the premises in suit as described in the schedule of the plaint. The defendant/petitioner appeared in the suit and is contesting the suit by filing written statement. The PW 1 was examined in chief and 15.05.2018 was fixed for cross-examination of PW 1. At that time, the defendant/petitioner filed an application under Section151 of the Code of Civil Procedure praying for depositing monthly rent in respect of the suit premises at the rate of Rs.10,000/-(Rupees Ten Thousand) for the month of April, 2018 and for all subsequent months, thereafter, month by month to the credit of plaintiff/opposite party and that application was dismissed on contest by the order impugned. Being aggrieved, the defendant/petitioner preferred this revisional application.
(3.) Having heard the learned Advocate of the respective parties and on perusal of the materials on record, I find that in a suit for eviction of a tenant under the Transfer of Property Act on termination of relationship of landlord and tenant by service of notice under Section 106 of the Transfer of Property Act upon the tenant, there is no provision under which a tenant can be permitted to deposit the arrear rent in such a suit. This apart, Sub-Section (e)(i) of Section 3 of the West Bengal Premises Tenancy Act provides that " (e) any premises let out for residential purpose, not being a premises within the purview of clause (c), which carries more than - (i) [six thousand and five hundred rupees] as monthly rent in the areas included within the limits of the Kolkata Municipal Corporation or the Howrah Municipal Corporation, or." In this case, it is admitted position that the rent of the suit property is Rs.10,000/- (Rupees Ten Thousand) per month and the property is within the Kolkata Municipal Corporation and the tenancy was created exclusively for the residential purpose. In the result, the provision of the West Bengal Premises Tenancy Act is not applicable in the present case.