MRINMOY SARKAR Vs. RAM DEVI

JUDGEMENT

(1.) The present Revisional application is directed against order No.68 dated, 21st of August, 1985, passed by the learned Additional Munsif, 3rd Court, Alipore, in Title Suit No.8 of 1984 disposing of the defendant/petitioner's application under Section 17(2) of the West Bengal Premises Tenancy Act (hereinafter referred to as the Act) .

(2.) While disposing of the said application, the learned Munsif, came to the conclusion that the agreed amount of rent was Rs. 450 per month payable on and from 1st of October, 1978 with an increase of 10% per year from October, 1979. It was further found as a fact that the tenant/defendant agreed to pay both the shares of Corporation taxes or any increase thereof. After having determined the rate of rent in that manner a the liability of the defendant for payment of Corporation taxes, the learned Munsif directed payment of Rs. 23,000 as arrears including interest 23 instalments of Rs. 1,000 each, the first of such instalments being payable within 10th day of October, 1985. The learned Munsif also directed the payment of current rent according to terms of tenancy and with those observations disposed of the application under Section 17(2) of the West Bengal Premises Tenancy Act .

(3.) On behalf of the petitioner, it has been urged before this Court that the receipt, which is alleged to have disclosed the agreement to pay increased rent, having been challenged on the ground of fraud, the court could not fix up the rate of rent except on the basis of what was actually paid prior to the making of the application. Secondly, it was argued that rate of rent as claimed in the suit being Rs. 350 per month, the alleged agreement, even if there was any, should be deemed to have been waived .