BINAPANI DUTTA Vs. NIRMAL KUMAR DAS

JUDGEMENT

(1.) THE Rule is directed against an order, being Order No.31 dated 02.08.1978, passed by the learned Judge, 8th Bench of the City Civil Court at Calcutta. THE Plaintiff filed a suit for eviction on two grounds, firstly, on the ground of default and, secondly, on the ground of reasonable requirement of the plaintiff himself. During the proceeding the defendant made an application under section 17(2A)(b) of the West Bengal Premises Tenancy Act praying for depositing the arrear of rent by installments and the learned Judge was pleased to grant the prayer of the tenant-defendant. THE rent of the suit room is Rs.22/- and the learned Judge fixed Rs.44/-, i.e., rs.22/- for current Rent and Rs.22/- for arrears to be paid each month and the total arrears amounted to Rs.880/- and until payment of all the arrears by statements the tenant-defendant paid all the, which started from 13.12.1977, the learned Judge stayed further proceedings of the suit. THE plaintiff-petitioner made an application drawing the attention of the Court to the fact that the other grounds for eviction was the reasonable requirement of the landlord himself and therefore, the suit should be disposed of as early as possible. THE learned Judge rejected the application made by the plaintiff-landlord under section 151 of the Code of Civil Procedure under the impression that default being one of the grounds for eviction, until payment of all the arrears the sent could be disposed of, I am afraid the learned Judge misconceived the scope of an application under section 17(2A)(b) of the W.B.P.T.Act. In view of the fact that reasonable requirement was one of the grounds, it is incumbent upon the learned Judge to proceed with the suit even after he allowed the application of the tenant-defendant under section 17(2A)(b) of the West Bengal Premises Tenancy Act. Accordingly, the impugned order cannot stand. THE said impugned order is accordingly set aside and the learned Judge is directed to proceed with the hearing of the suit as early as possible. THE Rule is accordingly made absolute. THEre will be no order as to costs. ..