GANAGA KUMAR Vs. CHINAMONI ROY
HIGH COURT OF CALCUTTA
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(1.) THIS is an application under Article 227 of the Constitution relating to interpretation of section 6 of the Thika Tenancy Act. The Petitioner is a tenant. The landlord opposite parties filed an application for ejectment of a thika tenant under section 8 of the Thika Tenancy Act which provides that a thika tenant is liable to be ejected on ground of failure to pay an arrear of rent. But section 6 provides for the relief against a decree on the ground of failure to pay arrears of rent. The relief is that if the arrears together with interest is deposited within a particular time, the decree shall not be executed.
(2.) IN this case there is no dispute that there was failure to pay an arrear of rent. There was also an order for ejectment, but the question is whether in considering the arrears of rent referred to, in sections 3 and 6 of the Act, arrears of rent, which were barred either at the date of the application or at the date of the relief, should be taken into consideration or not.
(3.) IT has been held by the Controller that all arrears whether they were barred or not must be taken into account. There was an appeal and the Appeal Court below made a slight modification so far as the interest is concerned, but otherwise, maintained the order of the Controller. The present petition under Article 227 of the Constitution is against that order and the only point that has been raised is whether arrears of rent, which were barred at the date of the application can be included by making an order under section 6 of the Thika Tenancy Act. Before I go further the words of the statute may be referred to. Both sections 3 and 6 are in Chapter II of the Thika Tenancy Act. Chapter II is a chapter, which deals with incidents of Thika Tenancies. The first section of that Chapter is section 3 and the marginal note is grounds on which a thika tenant may be ejected. In section 3 after the non-obstinate clause it has been indicated "a thika tenant shall. . . be liable to ejectment. . . on one or more of the following grounds. (i) on the ground that he has failed to pay as arrear of rent due to the landlord in respect of the holding. ' section 6 is also in the same chapter relating to incidents of thika tenancies. The marginal note is "stay of ejectment for arrears of rent if the amount of arrears and damages are deposited with the Controller. " The section is as follows:-
"every order made under section 5 allowing an application for ejectment of a thika tenant on the ground that he has failed to pay an arrear of rent due to the landlord in respect of his holding and directing the thika tenant to vacate the holding and put the landlord in possession thereof shall specify the amount of the arrear and of the interest, if any, due thereon, and no such order shall be executed if that amount, the costs of the proceedings arising out of such application and such damages as the Controller may allow, are deposited with the Controller within thirty days from the date of the order. ";
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