SOBHA BISWAS Vs. RANJIT LODH

JUDGEMENT

(1.) These two revision petitions have been referred by the learned single Judge to the Division Bench for resolving the conflict that was noticed in the judgment of this Court rendered in Mahadeo Prasad Agarwala & Ors. Vs. Sohanlal Garodia and anr, reported in 1991 (GHC) 26A(NOC) and in Abdul Matin Choudhury & anr, Vs. Nityananda Dutta Banik, reported in 7997 (2) GLT 590. The conflict that was noticed by the learned single Judge relates to the requirement to pay the monthly rent by a tenant to the landlord during the pendency of an ejectment suit filed by the landlord against the tenant failure of which the appellant would entitle eviction, even though the default relates to period after filing of the eviction suit. In case of Abdul Matin Choudhury & anr (Supra) it has been held that such a liability to pay the monthly rent to the land lord subsists even the eviction suit is pending and in case of default the land lord may bring the same to the notice of the Court by a prudent manner for getting decree of ejectment against the tenant. In the case of Mahadeo Prasad Agarwala & Ors (supra) it has been held that in an ejectment suit on the ground of default filed by the land lord, the period of default is specified in the plaint and default for other subsequent period is not entitled to be considered by the Court in session of the eviction proceeding as it gives rise to. separate cause of action. C.R.P. No. 34/2000

(2.) We have heard Mr. S. S. Sharma learned Senior counsel appearing for the petitioners/plaintiffs and Mr. B.K. Goswami, learned Senior counsel appearing for the opposite party/defendant in C.R.P. No. 34/2000. We have also heard Mr. N. Choudhury learned counsel for the petitioner and Mr. B. R. Dey, learned Senior counsel for the opposite party in C.R.P. No. 295/2002.

(3.) Instead of confining ourselves only in answering the reference, as agreed to by both the learned counsel for the parties in C.R.P. No. 34/2000, we propose to dispose of the revision petition also on merit, in view of the undisputed facts.