JATINDRA KUMAR SEAL Vs. RAJMOHAN RAI

JUDGEMENT

(1.) THIS is an application under Section 25 of the Provincial Small Cause Courts Act (Act IX of 1887). It relates to a suit for rent for three months - -from Chait 1363 B. S. to Jait 1364 B. S. The defendant pleaded that he had paid the rent for Chait 1363 B. S. but not for the other two months. He alleged however that the plaintiff had dispossessed him from a room in the house and caused serious inconvenience to him in his use and occupation of the premises. He was, therefore, entitled to with -hold payment of rent until the plaintiff had removed the obstruction and made the entire premises fit for his occupation.

(2.) MR . Bhattacherjee contends that on the findings and the evidence the decree is erroneous It is quite clear that the defendant has suffered serious inconvenience on account of the action of the plaintiff in storing logs in a portion of the premises let out to the defendant. The rental payable by the defendant is a lump rental and, therefore in the circumstances since he has been kept out possession of a portion of the premises, he is not liable to pay rent to the plaintiff until the plaintiff removes the logs and allows the defendant free and unobstructed occupation of the premises in question.