FAG PRECISION BEARINGS LTD. Vs. KISHORE KUMAR AGARWALA

JUDGEMENT

(1.) This revisional application under 115 of the Code of Civil Procedure is at the instance of a tenant/defendant in a suit for eviction and is directed against Order No. 64 dated July 20, 1999. Order No. 65 dated July 27, 1999 and Order No. 66 dated Aug. 20, 1999 all passed by the learned Judge, City Civil Court, 5th Bench, Calcutta in Ejectment Suit No. 365 of 1995.

(2.) In the aforesaid suit, after an application under section 17(2) of the West Bengal Premises Tenancy Act ("Act") was disposed of by the learned trial Judge, the opposite party filed an application under section 17(3) of the Act for striking out defence against delivery of possession on the ground of non- compliance of the provision contained in section 17(1) and section 17(2) of the Act.

(3.) While the application under section 17(3) of the Act was going on, the petitioner contended that it had deducted 20% of the rent at the source as per provision of Income Tax Act through mistake although according to law they are required to deduct at the rate of 15%. In view of such mistake, the petitioner wanted to deposit 5% of excess amount deducted with interest. The learned advocate for the opposite party disputed the aforesaid claim of the defendant and submitted that the plaintiff has already been depositing 20% of the amount of rent as income tax in the Income Tax Department. In view of such conflicting statements made by the parties, both the parties were directed to submit account supported by affidavits within one month from the date of passing of Order No. 64 dated July 20, 1999. By the said order, the learned trial Judge further recorded that the defendant had not yet filed fresh vokalatnama and as such directed the defendant to file vokalatnama within seven days from that date. It was further ordered that if the defendant failed to file such vokalatnama within seven days, its written statement would be struck off.