TMI Blog2005 (10) TMI 503X X X X Extracts X X X X X X X X Extracts X X X X ..... h holding that the appellant-tenant was not a defaulter in payment of the rents. The appeal is accordingly allowed but there will be no order as to costs. - Appeal (civil) 3178 of 2005 - - - Dated:- 3-10-2005 - Dr.AR Lakshmanan Altamas Kabir, JJ. JUDGMENT ALTAMAS KABIR, J. This appeal pursuant to leave granted is directed against the judgment and order dated 18.2.2003 passed by a learned single Judge of the Calcutta High Court in a Civil Revision Application being C.O.No.472 of 2000 wherein the respondent before us, who was the landlord, had challenged the Order dated 24.1.2000 passed by the learned Civil Judge (Junior Division), 3rd Court at Howrah in Title Suit No.181 of 1995. By the said order the learned court disposed of the petition filed under Section 17 (2) and (2A) of the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as the Act ) by the appellant herein who was the tenant and declaring that the appellant-tenant was not a defaulter in payment of rent. The respondent before us claims to be the absolute owner of the premises situated at Holding No. 252/4, Panchanantala Road, Howrah- 711101, since his purchase of the property by a registere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n under Section 17 (2) and (2A) denying all the statements made therein. The appellant-tenant s application under Section 5 of the Limitation Act was allowed by the learned Civil Judge (Junior Division) on 4.9.1998 and thereafter the application filed by the appellant-tenant under Section 17 (2) and (2A) of the Act was taken up for hearing and after a protracted hearing, in which evidence was led by the parties, the learned Civil Judge (Junior Division) came to the conclusion that the monthly rents had been tendered by the appellant-tenant within the time limit prescribed under Section 4 of the Act, which the respondent-landlord intentionally did not accept, as a result whereof the appellant-tenant was compelled to deposit the same with the Rent Controller, Howrah and subsequently with the Court from the month of July 1995. Aggrieved by the said decision of the learned Civil Judge (Junior Division), Howrah, the respondent-landlord filed a revision petition before the High Court at Calcutta under Section 115 of the Code of Civil Procedure and the same was numbered as C.O.No.472 of 2000. The learned single Judge came to the finding that as the rent for the month of March 1994 had b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct. Mr. Roy submitted that such an application having been made, the same had been duly allowed by the learned Civil Judge (Junior Division) and it was not open to the respondent-landlord to claim that the appellant-tenant was, in fact, a defaulter in payment of monthly rents which under the aforesaid Act has very serious consequences. In support of his aforesaid submission, Mr.Roy firstly referred to a decision of this Court in the case of M/s. B.P. Khemka Pvt. Ltd. vs. Birendra Kumar Bhowmick And Anr., (1987) 2 SCC 407, which was a case dealing with delay of two months in payment of the rent. Considering the provisions of Section 17 (2A) and Section 17 (2A) (b) of the Act, this Court held that the said default was a default in a technical sense and not in the real sense and was hence of an inconsequential nature. It was further observed that having regard to the intendment of the Act and the nature of the provisions, it can never be said that the defaults were of such a serious nature as to warrant the court refusing to exercise its discretion and to feel constrained to strike out the defence. Following the decision in B.P.Khemka s case (supra), this Court in the case of Gopal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction (1) and Sub-section (2) of Section 17 of the Act with reference to the amounts to be deposited within Sub-section (1) and (2) thereof. For the purpose of better understanding, the provisions of Section 17 (1), Section 17 (2) and Section 17 (2A) are extracted hereinbelow:- "Section 17. When a tenant can get the benefit of protection against eviction. (1) On a suit or proceeding being instituted by the landlord on any of the grounds referred to in section 13, the tenant shall, subject to the provisions of sub-section (2), within one month of the service of the writ of summons on him, or where he appears in the suit or proceeding without the writ of summons being served on him, within one month of his appearance deposit in court or with the Controller or pay to the landlord an amount calculated at the rate of rent at which it was last paid, for the period for which the tenant may have made default including the period subsequent thereto up to the end of the month previous to that in which the deposit or payment is made together with interest on such amount calculated at the rate of eight and one third per cent, per annum from the date when any such amount was paya ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ereto up to the end of the month previous to that in which the order under this sub-section is to be made with interest on any such amount calculated at the rate specified in sub-section (1) from the date when such amount was payable up to the date of such order." From the said provision, it would be evident that it was the intention of the Legislature that on a suit for eviction being filed under the provisions of this Act, the tenant was required to deposit rent either in court or with the Rent Controller or pay to the landlord an amount equivalent to the rate of rent at which it was last paid, for the period for which the tenant may have made default, including the period subsequent thereto up to the end of the month previous to that in which the deposit of rent is made together with interest at the rate indicated therein. In the instant case, there is no willful default in tendering of the rents by the tenant to the landlord and it was only on account of the initial refusal of the landlord that the tenant was compelled to tender rents for the month of March 1994 for the second time which was according to the time prescribed under Section 4 of the Act. In our view, the provi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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