TEKCHAND AGARWAL Vs. PREM PARKASH AGARWAL AND ANOTHER

JUDGEMENT

(1.) This is a reference made by the learned Additional District Judge (holding the change of District Judge also) under Sec. 113 of the Civil Procedure Code. The question referred to is as under :Whether under the Gangtok Rent Control and Eviction Act, 1956. the tenant can deposit the rent in the Court of Chief Magistrate (equivalent to Court of District Judge) and whether that will amount to legal deposit or not ?

(2.) Shri R.K. Agarwal appearing on behalf of the tenants submits that this practice of depositing rent has been followed since the time of Chogyal and as such this practice should continue so that the tenants may not be put to difficulty when the landlord refuses to accept rent. Under the Act, Sec. 2 of the Act provides :

(3.) Provision for fixation of standard rent has been made in Sec. 3(i) and 3(ii). Under Sec. 4, a landlord may eject the tenant on two grounds i.e. bonafide occupation of the landlord or his dependents or for thorough overhauling (excluding additions and alterations) and secondly, when the rent arrears amount to four months' rent or more.